Coal mine environmental risk grows with bankruptcies
As more coal companies file for bankruptcy, it’s increasingly likely taxpayers will be stuck with the very high costs of preventing abandoned mines from becoming environmental disasters.
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Supreme Court disbars South Bend lawyer
The Indiana Supreme Court issued a disbarment decision Wednesday finding Elton Johnson committed attorney misconduct in a number of ways. The per curiam decision lists incompetent representation, converting client funds and failing to cooperate with the disciplinary process as reasons for Johnson’s disbarment.
Deregulation touted for growth, innovation in legal profession
To revitalize the legal profession, an economist and Yale law student are calling for an end to the rules and regulations that require bar exam passage, prevent nonlawyers from practicing and prohibit anyone who does not hold a J.D. degree from owning law firms.
Opinions — May 18, 2016
Indiana Court of Appeals
Joshua Schaaf v. State of Indiana
85A04-1506-CR-796.
Criminal. Affirms Joshua Schaff’s convictions but reduces his sentence for two counts of dealing heroin. Finds sufficient evidence for his convictions even though he didn’t participate in one of the transactions and didn’t know he was near a park in the second. Reduces Schaff’s sentence from 15 years for the first count and 40 for the second count to 10 for the first count and 30 for the second, finding the sentence was too harsh. Judge Paul Mathias dissents in opposition to the sentence reduction in one-paragraph opinion.
Ex-credit union chief loses defamation per se appeal
The Indiana Court of Appeals affirmed summary judgment for an employer after the president of a company was fired over an executive’s hotline call. The president claimed defamation per se and considered the hotline company liable, but the COA ruled comments made during the call were not defamatory.
COA reinstates ex-boyfriend’s complaint for damages
The Indiana Court of Appeals found a man’s complaints for compensation against his girlfriend for work he did on two houses, including a house they both lived in, should not have been dismissed. The case was remanded to the trial court.
US backs Syrian refugees against Pence at 7th Circuit
The Department of Justice is urging the 7th Circuit Court of Appeals in Chicago to affirm an Indianapolis district court judge’s ruling that blocked Gov. Mike Pence’s directive to suspend federal aid to Syrian refugees resettled in Indiana.
COA: Search under probation did not violate Fourth Amendment
The Indiana Court of Appeals found a warrantless search of property did not violate a man’s Fourth Amendment and Indiana Constitutional rights and upheld the denial of his motion to suppress evidence after he was convicted of two methamphetamine counts.
COA upholds conviction, trims sentence in heroin case
The Indiana Court of Appeals upheld a man’s conviction but reduced his sentence for dealing heroin even though he didn’t actually participate in the transaction in one of the counts.
Judge dismisses sludge lawsuit against Terre Haute
A federal judge has dismissed a lawsuit that alleged the city of Terre Haute and its officials defaulted on an agreement to take out water from waste and use the sludge to make fuel.
New OT rules force hard choices on small businesses
The regulations being issued by the Labor Department today would double to $913 a week from $455 the threshold under which salaried workers must be paid overtime. In terms of annual pay, the threshold rises to $47,476 from $23,660. The rules take effect Dec. 1.
Teen courts across northwest Indiana dole out justice
The Teen Court program in Lake County, along with others in northwest Indiana, gives teens an alternative to the traditional trajectory of juvenile justice. The program uses a novel approach in which a jury of teens decides the punishment for peers who are diverted from the juvenile justice system.
Indiana Supreme Court establishes new committee for civil legal aid
In an amendment to the Indiana Rules of Professional Conduct, the Indiana Supreme Court is revamping its response to civil legal aid.
2 at IPS accused of not reporting sex abuse get diversion
Two Indianapolis Public Schools officials charged with not immediately notifying authorities of sexual abuse allegations against a former counselor have agreed to enter pretrial diversion programs.
New York could become 1st state to ban cat declawing
New York would be the first state to ban the declawing of cats under a legislative proposal that has divided veterinarians. Advocates say the procedure is misguided and cruel.
7th Circuit: Man not eligible for sentence reduction
The 7th Circuit Court of Appeals affirmed a prisoner is not subject to a sentencing reduction after it ruled an amendment that decreased the recommended penalties for the crimes he committed did not allow for a reduction.
Opinions — May 17, 2016
7th Circuit Court of Appeals
Samaron Corp. D/B/A Troyer Products v. United of Omaha Life Insurance Company
15-3446
Appeal from the United States District Court for the Northern District of Indiana, Judge Rudy Lozano.
Civil. Affirms United of Omaha does not have to pay Troyer Products after it mistakenly paid the wrong party a death benefit. Rules Troyer knew the money was going to the wrong party and let it happen anyway.
Insurer who paid wrong party doesn’t have to pay correct one
The 7th Circuit Court of Appeals affirmed summary judgment for an insurance company that acknowledged paying a death benefit to the wrong party but successfully argued that the proper recipient waived its right to the proceeds by allowing the wrong party to claim the money.
COA: Evidence obtained during welfare check is admissible
The Indiana Court of Appeals ruled evidence from a search where police officers went into a house without a warrant to check on the children was valid evidence at trial and affirmed denial of a woman’s motion to suppress.
Ex-lawmaker, McKinney professor want recount in Congress race
A former state legislator and an IU McKinney School of Law professor wants a recount of the Democratic primary for a southwestern Indiana congressional seat.