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Opinions Aug. 31, 2018

Indiana Court of Appeals
Whitesell Precision Components, Inc. v. Autoform Tool & Manufacturing, LLC
18A-PL-848
Civil plenary. Affirms the Marion Superior Court’s refusal to dissolve a preliminary injunction compelling Whitesell Precision Components to provide automotive component parts to Autoform Tool & Manufacturing, LLC, pending resolution of the merits of litigation between the parties. Finds the trial court did not abuse its discretion in its refusal.

Longest-serving federal U.S. judge in history dies

The longest-serving U.S. district judge in the nation's history has died. Judge William Nealon of Scranton, Pennsylvania, died Thursday. He was 95 and had been appointed to the federal bench in 1962 by President John F. Kennedy.

Injunction upheld in auto assembly parts supply dispute

The Indiana Court of Appeals upheld a decision denying the dissolution of a preliminary injunction involving two manufacturing companies, finding that if dissvoled, one company would be at risk of suffering irreparable harm.

Deadline near to apply for Monroe County, Terre Haute judgeships

Attorneys interested in filling vacancies on the Monroe Circuit Court and Terre Haute City Court have just days remaining to make their interest known. Wednesday, Sept. 5 is the deadline to submit applications for Gov. Eric Holcomb’s appointments to both positions.

COA reverses CHINS adjudications

Two Marion County children will no longer be considered children in need of services after the Indiana Court of Appeals reversed their CHINS adjudication, finding insufficient evidence to support the finding that their North Carolina-based father could not care for them.

JLAP violation reinstates Indy attorney’s suspension

An Indianapolis attorney who violated the terms of her Supreme Court-imposed probation must now serve the full length of her suspended discipline after failing to comply with her Judges and Lawyers Assistance Program monitoring agreement.

Concern in White House over shortage of lawyers, press aides

Increasingly convinced that the West Wing is wholly unprepared to handle the expected assault from Democrats if they win the House in November, President Donald Trump’s aides and allies are privately raising alarm as his circle of legal and communications advisers continues to shrink.

John Dean of Nixon fame to testify at Kavanaugh hearing

The Senate Judiciary Committee has added former Solicitor General Theodore Olson and former White House counsel John Dean to the list of witnesses who will testify next week in the confirmation hearings for Brett Kavanaugh to serve on the Supreme Court.

Teen gets 64 years for fatal shooting of Indiana woman

An Elkhart teenager has been sentenced to 64 years in prison for fatally shooting a woman after an argument with her daughter. The teen was convicted as an adult for firing the deadly bullet when he was 14.

Opinions Aug. 30, 2018

The following 7th Circuit Court Court of Appeals opinion was posted after IL deadline on Wednesday.
Shameca Robertson v. Allied Solutions, LLC
17-3196
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses the district court’s dismissal for lack of jurisdiction of Shameca Robertson’s adverse-action claim. Finds Allied Solutions, LLC failed to follow Fair Credit Reporting Act obligations when it rescinded Robertson’s job offer without furnishing her a copy of that report on which it relied. Concludes Robertson’s alleged injury is concrete and enough to support Article III standing. Remands for further proceedings.

Prison doctor, nurse must face inmate’s lawsuit

Two medical care providers at the Miami Correctional Facility have lost their bid to end an inmate’s Eight Amendment lawsuit after a district court judge found evidence to reasonably support the inference that the providers were deliberately indifferent to his excruciating foot pain.

Indy archdiocese to follow Gary, list of priests accused of abuse

The Indianapolis Catholic archbishop plans to publicly release the names of all the priests in his diocese who’ve faced substantiated allegations of child sexual abuse. The archdiocese of Gary on Tuesday released a list of 10 ex-priests deemed guilty of sexually abusing children.

EPA begins cleanup of toxic Indianapolis commercial property

The Environmental Protection Agency on Wednesday announced it has begun cleaning up a south-side Indianapolis property that has been soaked in hazardous waste for decades. The 1.35-acre property known as the AA Oil Site has been abandoned since 1993.

White House Counsel McGahn leaving; key man in legal storms

White House Counsel Don McGahn, a consequential insider in President Donald Trump’s legal storms and successes and a key figure in the administration’s handling of the Russia investigation, will be leaving in the fall, the president announced Wednesday. Trump praised McGahn as “a really good guy” who has done “an excellent job.”

Indiana man pleads not guilty in sons’ river drownings

The father of two Indiana boys who drowned in a river has pleaded not guilty to two counts of neglect of a dependent resulting in death. Eric Patillo, 34, Thayer, appeared Wednesday in Lake Superior Court.

Prosecutors: Possible negligence in Missouri boat sinking

The U.S. Coast Guard has found probable cause that the sinking of a tourist boat on a Missouri lake last month that killed 17 people “resulted from the misconduct, negligence, or inattention to the duties” by the captain of the boat, according to a court motion filed Wednesday by federal prosecutors. The July 19 incident claimed the lives of nine members of one Indiana family. 

Sweeney set to join busy Southern Indiana District Court

With the confirmation of James Sweeney II to the federal bench, the U.S. District Court for the Southern District of Indiana will be getting a much-needed judge to fill a longstanding vacancy and help handle one of the heaviest dockets in the country.