Senior judge to serve as pro tem on Wabash Superior Court
A senior judge will begin serving as the Wabash Superior Court judge pro tempore this week after the sitting judge announced she will be temporarily unavailable to perform her duties.
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Ex-Brownsburg teacher challenges district transgender name policy
A former Brownsburg teacher says a school district forced him to resign following a disagreement over a policy that calls for teachers to address transgender students by their preferred gender name rather than their birth name.
Mueller’s team accuses Manafort of witness tampering
Former Trump campaign chairman Paul Manafort made several attempts to tamper with witnesses in his ongoing criminal case, prosecutors said as they asked a federal judge to consider jailing him while he awaits trial.
Justices to hear product liability, juvenile firearms cases
The Indiana Supreme Court will hear oral arguments Thursday in an injury-related product liability case involving a handheld power tool and in a case weighing whether a juvenile may be adjudicated delinquent for carrying a handgun without a license.
Brady, Hanlon to testify before judiciary committee
Two Indiana attorneys seeking appointment to the U.S. district courts for the Northern and Southern District of Indiana will be appearing before the U.S. Senate Committee on the Judiciary on Wednesday as candidates to fill current and future vacancies on the federal bench.
SCOTUS-created group lists anti-harassment measures
A federal working group has made two dozen recommendations for ways the judiciary can prevent and respond to workplace harassment, issuing a report that marks the end of the first phase of a U.S. Supreme Court-led initiative that began in response to the national #MeToo movement.
Supreme Court rejects questions in IU frat sex assault case
By a majority vote, the Indiana Supreme Court has declined certified questions of Indiana state law presented by a federal court concerning an Indiana University campus sexual assault case.
Fraudsters sentenced for stealing, reselling $1.2M in Amazon goods
A husband and wife from central Indiana who pleaded guilty to stealing more than $1.2 million in merchandise from online retail giant Amazon have been sentenced to more than five years in prison each, federal prosecutors announced Monday.
County inmates denied right to vote get certified as class
A federal judge in Fort Wayne recently certified a class of Allen County Jail inmates who were denied the right to vote in the November 2016 general election. The attorney representing the class said the case represents an opportunity to avoid similar future problems in other counties.
7th Circuit affirms ruling for maker in IUD liability case
The 7th Circuit Court of Appeals ruled against a woman suing a company for product liability after a piece of her implanted birth control device broke during its removal and was left inside her uterus. The decision upheld a ruling for the device maker in federal district court.
Judge: FSSA must allow quadriplegic to receive home care
An elderly quadriplegic who has been confined to a hospital or nursing home since February 2016 could soon return home after a district judge ruled the Indiana Family and Social Services Administration violated her rights by failing to provide her with home-based care.
Opinions June 4, 2018
7th Circuit Court of Appeals
Cheryl Dalton v. Teva North America, et al.
17-1990
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Richard L. Young, Judge.
Civil. Affirms summary judgment against Cheryl Dalton and in favor of Teva North America in a products liability case. Finds the district court properly applied Indiana law when it found that Dalton did not provide expert evidence on the issue of causation.
Justices side with Colorado baker on same-sex wedding cake
The U.S. Supreme Court ruled Monday for a Colorado baker who wouldn’t make a wedding cake for a same-sex couple in a limited decision that leaves for another day the larger issue of whether a business can invoke religious objections to refuse service to gay and lesbian people.
COA to hear argument in Lawrence, Clark counties this week
The Indiana Court of Appeals is headed south this week to hear oral arguments in Clark and Lawrence counties.
Trump says he has ‘absolute right’ to pardon himself
President Donald Trump asserted his presidential power and escalated his efforts to discredit the special counsel Russia probe on Monday, declaring he has the “absolute right” to pardon himself and attacking the investigation as “totally UNCONSTITUTIONAL!”
Former Vigo County commissioner faces new drug charges
A former Vigo County commissioner was charged with drug possession and domestic violence last week, nearly 10 years after he was first convicted of a drug crime. David W. Decker has been charged with possession of methamphetamine, maintaining a common nuisance, possession of paraphernalia, invasion of privacy and domestic battery.
Prosecutors drop sexual misconduct charges against East Chicago teacher
Charges were dropped against a former East Chicago junior high school teacher accused of sexual misconduct with two students. The teacher was charged in October 2016 with felony child molesting and sexual misconduct.
Floyd County judge: Murder convict can’t legally change name
A Floyd County judge has ruled that a man convicted of murder cannot legally change his name. Jeramy Heavrin was convicted of killing Jennifer Rose Johnson in 1994 and has had trouble keeping jobs because of the conviction since his November 2016 release.
Gary man wants review of conviction in Indiana officer’s death
A Gary man who was sentenced to life in prison without parole for fatally shooting a Gary police officer is asking a court to review his conviction. Twenty-nine-year-old Carl Le’Ellis Blount has filed a post-conviction relief petition alleging Lake County prosecutors threatened him to get him to plead guilty to murder in the 2014 shooting death of Gary Patrolman Jeffrey Westerfield.
Opinions June 1, 2018
Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties’ contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.