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Kavanaugh sexual misconduct allegation complicates confirmation

President Donald Trump’s nomination of Brett Kavanaugh to the Supreme Court was thrust into turmoil Sunday after the woman accusing him of high school-era sexual misconduct told her story publicly for the first time. Democrats immediately called for a delay in a key committee vote set for this later week and Kavanaugh on Monday went to the White House amid the scrutiny.

COA: State has no burden to prove sanity

A man who unsuccessfully pursued an insanity defense failed to convince the Indiana Court of Appeals that the state had the burden of proving he was sane beyond a reasonable doubt in his attempted murder case.

7th Circuit reinstates Renssalaer workers’ “popcorn lung” claim

The 7th Circuit Court of Appeals reinstated a claim filed by nearly 30 workers who argue a microwave popcorn plant failed to warn them of exposure during the manufacturing process to a butter flavor ingredient that has been linked to a disease known as “popcorn lung.”

Northern District finalizes memorial service for Lozano

A memorial service is set for Monday, Sept. 24, in the Hammond courtroom where the late Northern District of Indiana Senior Judge Rodolfo “Rudy” Lozano presided for three decades, the court announced Friday.

Opinions Sept. 14, 2018

The following 7th Circuit Court opinion was posted after Indiana lawyer deadline Thursday.
Gregory Aregood, Jr. v. Givaudan Flavors Corporation
17-3390
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms and reverses in part, remands for proceedings. Affirms the District Court for the Southern District of Indiana’s grant of summary judgment to Givaudan Flavors Corp. on its employees’ claims, except for failure to warn. Reverses the grant of summary judgment on the employees’ duty to warn claim based on the sophisticated intermediary doctrine. Remands for proceedings on the duty to warn claim.

Death penalty dropped for man’s third triple-murder trial

A northern Indiana man who’s facing his third trial in a triple-murder case won’t face the death penalty if he’s convicted again in the killings. Wayne Kubsch is expected to stand trial again next year for the 1998 Mishawaka slaying of his wife, her ex-husband and their son.

Manafort pleads guilty, will cooperate with special counsel

Former Trump campaign chairman Paul Manafort agreed Friday to cooperate with the special counsel’s Russia investigation as he pleaded guilty to federal charges and avoided a second trial that could have exposed him to even greater punishment.

COA: South Bend med-mal appeal lacks issues of fact

The Indiana Court of Appeals affirmed a grant of summary judgment to a South Bend hospital after it upheld that res ipsa loquitur did not apply to facts in a hip-replacement related negligence claim.

Opinions Sept. 13, 2018

Indiana Supreme Court
Jennifer Cox v. Evansville Police Department and The City of Evansville; Babi Beyer v. The City of Fort Wayne
18S-CT-447
Civil tort. Affirms denial of summary judgment to Evansville and Fort Wayne on a claim of respondeat superior. Finds that when a police officer’s tortious acts — in this case sexual assault — fall within the scope of employment, the city is liable. Also affirms the trial courts’ grants of summary judgment to the cities on common-carrier theory. Finds the relationships between the cities and the women in these cases do not fall within the common-carrier exception.

Justices: Evansville, Fort Wayne partly liable for police sex assaults

The Indiana Supreme Court affirmed two cities were entitled to summary judgment on the common-carrier theory, but not on the issue of liability under respondeat superior’s scope-of-employment rule in a consolidated civil lawsuit involving two women who were sexually assaulted by on-duty police in Evansville and Fort Wayne.

Absent juvenile did not waive rights, split Supreme Court rules

The Indiana Supreme Court split over whether a juvenile waived his right to be present when he skipped his hearing, but the justices came together in calling for a legislative remedy. Justices in a 3-2 decision reversed the teen’s juvenile delinquency adjudication.

Prominent Anderson attorney faces OWI, habitual offender counts

An Anderson attorney who is the son of the city’s mayor and served as a deputy city attorney faces drunken-driving charges after he was allegedly involved in a property damage crash. The Madison County Prosecutor’s Office also is seeking habitual offender status against the lawyer.