Former IDEM employee’s lawsuit highlights risks, rewards for whistleblowers
Suzanne Esserman claims the Indiana Department of Environmental Management fired her for questioning payments to private contractors, so she's filed a whistleblower lawsuit.
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Court allows release of juvenile offender ID for HIV study
The Indiana Supreme Court has approved the release of identifying information of young offenders in juvenile courts, including full names and partial social security numbers, as part of a scholarly study into health care utilization and quality for juvenile offenders.
Opinions Jan. 23, 2017
Indiana Court of Appeals
GHPE Holdings, LLC, d/b/a Godby Heating Plumbing Electrical v. Jason Huxley
49A02-1601-PL-164
Civil plenary. Affirms the Marion Superior Court damages award on Godby Heating Plumbing Electrical’s counterclaim and its refusal to award treble damages or attorney fees to Godby. Reverses the trial court’s award of $972.71 in base wages to Jason Huxley, as well as the doubling of that amount as liquidated damages. Remands for calculation of the wages to which Huxley is entitled after consideration of mandatory tax withholding only. Also remands for recalculation of the reasonable appellate attorney fees to which Huxley is entitled with respect to defending the Wage Payment Act judgment only.
COA: Trial court lacked jurisdiction to order BMV to act
The Indiana Court of Appeals found in favor of the Indiana Bureau of Motor Vehicles Monday after finding that a litigant’s failure to comply with the Administrative Order and Procedures Act left a trial court without jurisdiction to order the BMV to act on the litigant’s petition.
Lawsuit: Trump businesses violate Constitution
A lawsuit Monday alleged that President Donald Trump is violating the emoluments clause of the US Constitution that prohibits him from receiving money from diplomats for stays at his hotels or foreign governments for leases of office space in his buildings. The suit was filed by a legal watchdog group, but the language of the clause is disputed by some legal scholars, setting the stage for a court fight with the White House.
Supreme Court rejects Texas appeal over voter ID law
The Supreme Court of the United States on Monday rejected an appeal from Texas in its effort to restore its strict voter identification law, but the case could return to the court later.
High court won’t hear ‘Sister Wives’ appeal over bigamy law
The Supreme Court said Monday it won’t hear an appeal from the family on TV’s “Sister Wives” challenging Utah's law banning polygamy.
Indiana bill would keep pets with domestic violence victims
Victims of domestic violence could take their pets with them after leaving the relationship under an Indiana lawmaker's measure that seeks to remove an impediment to reporting abuse.
Indiana lawmakers seek changes to laws on property seizure
Indiana lawmakers are pushing to change a law that allows the government in some cases to take the personal property of a citizen.
Sexual assault nurse’s testimony qualifies under medical hearsay exceptions
A Huntington County man who molested his young relative cannot challenge the admission of the testimony of the nurse who examined the victim because the testimony qualified under the medical treatment exception to hearsay rules, the Indiana Court of Appeals decided.
IMPD officer was qualified as an expert in stalking case
An Indianapolis Metropolitan Police Department sergeant was qualified as an expert to testify about Facebook records and digital trails that led to a man’s multiple convictions for felony stalking, the Indiana Court of Appeals decided Friday.
Oakes to preside over Marion Superior Executive Committee
Marion Superior Civil Division 2 Judge Tim Oakes has been elected the presiding judge of the Marion Superior Executive Committee, which oversees the operation and conduct of the court.
Opinions Jan. 20, 2017
Indiana Court of Appeals
Kevin T. Williams v. Unifund CCR, LLC
71A04-1604-CC-901
Civil collection. Reverses the St. Joseph Circuit Court’s judgment in favor of Unifund CCR LLC on Unifund’s complaint against Kevin T. Williams for nonpayment of credit card debt. Finds the trial court abused its discretion in entering judgment in favor of Unifund.
COA overturns judgment in favor of credit card debt collector
The Indiana Court of Appeals has reversed judgment in favor of a credit card debt collector after determining that the collector failed to establish that it owned the account it was trying to collect on.
Foreclosure suit alleges landscaping firm affiliate owes more than $6M on loan
An affiliate of Indiana landscaping firm Mainscape Inc. has been hit with a foreclosure lawsuit claiming it owes more than $6 million on a building it owns in Indianapolis.
Indiana settles with securities firm over agent who ran Ponzi scheme
The state has reached a $275,000 settlement with NYLife Securities LLC over the activities of an Indiana wealth manager who killed himself in 2013 while being investigated for operating a Ponzi scheme that took millions of dollars from dozens of investors.
Legal software firm gets boost under new leadership
When John Shane took a sales leadership job with contract-software maker Ntracts LLC in March 2015, the company had about 40 clients and was getting one or two inbound leads a month.
Former COO of health firm claims discrimination in firing
A former executive at an Indianapolis-based chain of health clinics says he was fired because of his age, race and national origin, and in retaliation because he stood up for one of his female managers.
Zoeller ends public service with donation to bar foundation
Saying he is stepping out of public life, former Indiana Attorney General Greg Zoeller has donated his remaining campaign funds to the Indiana Bar Foundation.