Wrongfully convicted man’s Notre Dame speech revives project
A wrongfully convicted Indiana man whose case made national news during Vice President Mike Pence’s campaign has helped revive a Notre Dame Law School group.
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Indiana lawmaker wants political maps drawn independently
A northwestern Indiana lawmaker wants an independent commission to draw political-district maps instead of politicians.
Indiana law for felony arrest DNA collection takes effect
Indiana authorities are now required under a new state law to collect a DNA sample from those who are arrested for a felony crime.
Indiana senator pushes for CBD oil legalization
A state senator has filed a bill that would officially legalize the sale and possession of cannabis oil in Indiana.
Judge denies arbitration request on firefighters contract
A judge has denied a request for arbitration amid contract talks by a union representing Kokomo firefighters.
Opinions Dec. 29, 2017
Indiana Court of Appeals
Campbell Hausfeld/Scott Fetzer Company v. Paul Johnson
64A03-1705-CT-984
Civil tort. Affirms and reverses in part the grant of summary judgment in favor of Campbell Hausfeld/Scott Fetzer Company on Paul Johnson’s defective design claim and the denial of summary judgment with regard to Johnson’s failure to warn claim. Finds Campbell Hausfeld is not entitled to summary judgment on any of its asserted statutory defenses. Also finds the designated evidence establishes a genuine issue of material fact regarding whether Campbell Hausfeld provided adequate warning concerning the use of a Grinder with a cut-off disc. Finally, finds Campbell Hausfeld failed to establish its entitlement to summary judgment on the defective design claim. Remands.
Summary judgment for gastroenterologist affirmed
The Indiana Court of Appeals has affirmed summary judgment for a gastroenterologist who was alleged to have committed malpractice by not informing a patient of the criteria for a liver transplant. The court ruled Friday the patient’s estate failed to prove their claim should be allowed to proceed after a seven-year delay in its filing.
COA: Defendants have right to counsel before drug recognition exam
A woman had her conviction overturned after the Indiana Court of Appeals ruled she should have been allowed to consult an attorney before undergoing a drug recognition exam.
COA affirms dismissal of Johnson County public defender suit
A case challenging the constitutionality of Johnson County’s contract-based public defender system will not proceed after the Indiana Court of Appeals on Friday upheld the dismissal of the case against several Johnson County judges, attorneys and commissioners.
COA upholds bar’s partial liability for hit-and-run
The Indiana Court of Appeals on Friday affirmed judgments of liability against a Lake County bar accused of overserving a patron who drove a vehicle that struck another departing customer.
COA lets claims of man who lost eye proceed against toolmaker
A man who lost an eye after a cut-off disc on a pneumatic grinder he was using disintegrated and struck him in the face may proceed with his claims against the toolmaker, the Indiana Court of Appeals ruled.
Judge twice investigated for gun encounters with ex admonished
A southern Indiana judge who is accused of twice introducing guns into heated encounters with his estranged wife, leading to police intervention, has been publicly admonished by the Indiana Judicial Qualifications Commission.
Judge: Kentucky lawyer who fled must forfeit bond
A federal judge in Lexington, Kentucky has ruled that a lawyer in that state who went on the run in a more than $500 million Social Security fraud case must forfeit property put up for bond.
Government seeks change to order lifting Trump refugee ban
Lawyers with the Department of Justice have asked a federal judge to change his order that partially lifted a Trump administration refugee ban.
Ruling: Menards founder’s ex-fiancee doesn’t deserve ownership
The Wisconsin Supreme Court ruled Friday that the founder of the Menards building supply stores doesn’t owe his former fiancee an ownership interest in the company.
Attorney: Hammond IDEM permit “bordering on the negligent”
A Hammond attorney is criticizing state regulators for approving an air permit for a lead reclamation business at the site of a former smelter where the U.S. Environmental Protection Agency is investigating off-site contamination.
Two ex-nursing home execs to plead guilty in kickback scheme
Two former executives with a company that operates dozens of Indiana nursing homes have agreed to plead guilty in a kickback scheme involving millions of dollars. Court documents unsealed this week show that former American Senior Communities CEO James Burkhart and former Chief Operating Officer Daniel Benson, both 52, have reached plea deals.
Railroad officer cleared in shooting of boy, 13, in Elkhart
Elkhart County Prosecutor Vicki Becker announced Thursday that a railroad police officer won’t face criminal charges for firing shots that wounded a 13-year-old boy who led police on a car chase.
Opinions Dec. 28, 2017
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Abdullah Ennin v. CNH Industrial America, LLC
17-2270
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the judgment in favor of CNH Industrial America, LLC in Abdullah Ennin’s discrimination case. Finds Ennin waived the admissibility of certain evidence CNH attacked as inadmissible, and without that evidence the record undisputedly shows CNH fired Ennin before it knew of his alleged disability or FMLA leave. Also finds nothing in the record support Ennin’s argument that CNH’s stated reasons for terminating him were pretextual, and CNH did not interfere with his right to take FMLA leave. Finally, finds Ennin’s federal conspiracy and state law negligent-supervision claims fail because they are derivative of underlying federal claims.
Riley Hospital official appointed new DCS director
A day after Mary Beth Bonaventura left her position as director of the Indiana Department of Child Services, the Gov. Eric Holcomb has announced Terry Stigdon, clinical director of operations at Riley Hospital for Children at IU Health in Indianapolis, will lead the agency.