John Proffitt named IBF’s Legendary Lawyer
Carmel attorney John Proffitt has been named the 2017 recipient for the Indiana Bar Foundation’s Legendary Lawyer Award.
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Man sentenced for punching officer at Elizabeth Smart event
An 80-year-old man convicted of battery for punching a police officer who stopped him from approaching kidnapping survivor Elizabeth Smart with a knife at an Indiana book signing has been sentenced to 12 years in prison.
Prosecutor: Man shot Indiana doctor for denying wife opioids
A prosecutor says a northern Indiana man fatally shot a doctor because he would not prescribe opioid painkillers to the man's wife.
Indianapolis creates interagency response units
Indianapolis has created four interagency teams to reduce the number of people taken to an emergency room or to jail as the state struggles to keep up with the opioid epidemic.
DOJ, US Attorney’s Office offer resources to reduce crime
The U.S. Department of Justice and U.S. Attorney’s Office for the Southern District of Indiana have begun a new partnership with Indianapolis leaders and law enforcement officials to offer DOJ resources designed to enhance efforts to reduce local violence.
DOJ files brief in Title VII sexual orientation case
The U.S. Department of Justice is adding its voice to the latest Title VII dispute, echoing 7th Circuit Court of Appeals Judge Diane Sykes that Congress, not the courts, should determine whether civil rights’ prohibitions against discrimination extend to sexual orientation.
Ex-farm employee’s agricultural work precludes workers’ comp benefits
A former employee of an Indiana farm was not entitled to workers’ compensation benefits after an on-the-job injury because the “whole character” of his work was agricultural in nature, thus exempting him under the Worker’s Compensation Act, the Indiana Court of Appeals held Thursday.
Opinions July 27, 2017
Indiana Court of Appeals
Charles O'Keefe v. Top Notch Farms
93A02-1702-EX-386
Agency action. Affirms the denial of Charles O’Keefe’s claim for workers’ compensation benefits for a work-related injury. Finds that even though O’Keefe drove a semi-truck, his work was agricultural in character, so he was exempt from the Worker’s Compensation Act and could not receive workers’ compensation benefits.
Appellate court affirms ruling for landowner denied easement use
The Indiana Court of Appeals affirmed a ruling Thursday in favor of a Steuben County landowner who claimed he was wrongly denied access and use of a recorded easement.
COA to determine jurisdiction of fire departments’ annexation, taxation dispute
The jurisdictional fate of an annexation and taxation dispute involving the Allen County auditor and two Fort Wayne-area fire departments now rests with the Indiana Court of Appeals, which must decide whether the facts of the dispute lend the case to review by the trial court or Tax Court.
Advocate: 2 pardoned brothers steered into financial straits by lawyers
When two wrongfully imprisoned brothers were pardoned after 30 years behind bars, they stood to collect hundreds of thousands of dollars in compensation. Now a federal judge is considering whether too much of their payout is being siphoned away by legal fees and high-interest loans.
Summary judgment for Lake County affirmed in age discrimination case
A group of retired Lake County employees who were fired from part-time, at-will work in order to preserve the county’s financial and health insurance situation cannot succeed on their age discrimination claim against the county because the employees’ age was not the predicate factor in their firing, the 7th Circuit Court of Appeals has ruled.
US Supreme Court review highlights decisions that raise more questions
During a panel discussion on the U.S. Supreme Court’s most recent term, retired Indiana Chief Justice Randall Shepard advised civil attorneys not to ignore the justices’ ruling in a criminal matter.
Man injured in Hendricks County semi-truck accident wins $18.5M verdict
A 46-year old man severely injured in a crash with a semi-truck on I-74 in Hendricks County in 2013 was awarded $18.5 million by a jury last week.
Jury rules against ex-WellPoint VP in suit over firing
A Marion County jury deliberated less than an hour before finding for the defense in former WellPoint Vice President Dr. Randall C. Axelrod’s long-running lawsuit alleging he was wrongly fired after testifying in a case concerning pharmaceutical pricing.
Senate subcommittee approves Legal Services Corp funding
As part of a $53.4 billion spending bill, the U.S. Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies voted Tuesday to sustain funding for legal aid.
Indianapolis boy, 15, charged with murder in triple-slaying
Prosecutors have charged a 15-year-old Indianapolis boy with murder in the fatal shootings of three men.
Opinions July 26, 2017
7th Circuit Court of Appeals
Aaron Carson, et al., and Ronald Paulsin v. Lake County, Indiana
16-3665
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Affirms the district court’s grant of summary judgment to Lake County, Indiana, on the plaintiffs’ federal age discrimination claim. Finds there is no evidence the county engaged in unlawful age discrimination. Also finds the plaintiffs’ equal protection claim fails because the undisputed facts show the county’s action was rationally related to a legitimate state interest: preserving supplement insurance coverage for its retirees while avoiding further financial hardship.
COA rules against mother who used religious exemption to not vaccinate child
An Indiana trial court abused its discretion in denying a father’s petitions to modify custody of his child and to hold the child’s mother in contempt of a paternity decree, the Indiana Court of Appeals ruled, finding the mother intentionally circumvented the terms of the decree that required her to vaccinate their child once the girl went to school.
Indiana joins states in urging US Supreme Court to overturn gun ruling
West Virginia Attorney General Patrick Morrisey, joined by Indiana and three other states, has asked the U.S. Supreme Court to overturn an appeals court ruling they say infringes on gun rights.