1st Native American US treasurer to be appointed, head Mint
A Native American is being appointed U.S. treasurer, a historic first.
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1/6 panel to hear from Raffensperger, others Trump pushed
The House 1/6 committee is set to hear from the caretakers of American democracy — elections workers and local officials — who fended off Donald Trump’s pressure to overturn the 2020 presidential election, at times despite frightening personal attacks.
Indiana gas tax set to increase while state eyes inflation relief
Indiana will see another increase in state gasoline taxes starting July 1 amid promises of inflation relief—including a proposal to issue direct payments to Indiana residents later this month.
Opinions June 20, 2022
Clarence L. White, Folabi E. Oshinubi, and Denzel Lewis v. Krys Szalasny,
21A-CC-2063
Civil collections. Reverses Tippecanoe Circuit Court’s order granting tenants Clarence White, Folabi Oshinubi and Denzel Lewis attorney fees only for work done on the claim of breach of contract by landlord Krys Szalasny. Finds the tenants should be awarded attorney fees for time taken related to the petition for fees. Remands to the trial court to award tenants those fees and an additional $3,937 in attorney’s fees to compensate their time on the fee claim.
Split 7th Circuit allows RV worker’s age discrimination claim to continue
A former Forest River employee will get a second chance to make his claim that the recreational vehicle maker constructively discharged him by refusing to address age-based harassment after a split 7th Circuit Court of Appeals revived the case and sent it back to the Northern Indiana District Court. However, one judge dissented, asserting, “there was not enough ‘constructive’ in the plaintiff’s constructive discharge claim.”
COA awards additional attorney fees to tenants who countersued landlord
House renters who argued their landlord who sued them should be held responsible for all attorney fees have secured a reversal from the Court of Appeals of Indiana and will walk away with nearly $4,000 more in fees.
COA reverses felony escape charge, finds woman didn’t have home detention order
A Clark County woman who let her ankle monitor die was wrongfully charged with Level 6 felony escape, as she never had a home detention order to begin with, the Court of Appeals of Indiana has concluded.
Parental rights termination affirmed by COA following mother’s continued drug use
The termination of a Vanderburgh County mother’s parental rights to her minor child was based on sufficient evidence and did not violate her rights to due process, the Court of Appeals of Indiana has ruled.
COA: GAL wrongly appointed in grandparent visitation dispute
A guardian ad litem should not have been appointed in a visitation dispute between a mother and her child’s grandfather after he was denied more than a year’s worth of visitations, the Court of Appeals of Indiana has ruled, remanding to determine if a modification of the parties’ agreement is in the child’s best interests.
Deadline for Corporate Counsel Guide submissions extended for final time to Friday
| IL Staff
The deadline to submit company information for the 2022 Indiana Lawyer Corporate Counsel Guide has been extended for a final time to this Friday.
Indiana to get $2.9M in settlement over `free’ TurboTax ads
Indiana will get $2.9 million from a nationwide settlement with a software company that misled users who filed their taxes through TurboTax.
Central Indiana man pleads guilty to Capitol riot charges
A central Indiana man pleaded guilty Friday to carrying a loaded gun on the Capitol grounds and assaulting police during the Jan. 6, 2021, riot at the U.S. Capitol, federal prosecutors said.
Lilly faces lawsuit over alleged excessive retirement-plan fees
Eli Lilly and Co. is one of hundreds of U.S. companies being sued in the recent trend in litigation: excessive fees on 401(k) retirement plans.
Challenger defeats Holcomb appointee to secure GOP nomination for secretary of state
Challenger Diego Morales’ campaign to defeat Gov. Eric Holcomb’s appointee for Indiana secretary of state succeeded on Saturday, when Indiana Republican Party delegates nominated Morales to be their candidate in November’s general election.
7th Circuit Judge Michael Kanne dies
Judge Michael Kanne of the 7th Circuit Court of Appeals, whose 50 years on the bench began in Jasper County, died June 16 at his home with his wife, Judith Ann, at his side. He was 83.
7th Circuit tosses aggravated felony under ‘overbroad’ criminal statute
Finding Indiana’s 2006 statute regarding methamphetamine criminalized more conduct than the corresponding federal law, the 7th Circuit Court of Appeals found an Indiana man’s conviction after pleading guilty to a drug charge was not an aggravated felony for purposes of deportation.
Opinions June 17, 2022
Court of Appeals of Indiana
Donnell Goston Sr., et. al v. State of Indiana, et al.
21A-CT-2484
Civil tort. Affirms the grant of summary judgment for the Indiana Department of Child Services and other state defendants on father Donell Goston Sr.’s negligence complaint. Finds the Marion Superior Court didn’t err in allowing DCS to file a third motion for summary judgment as the motion addressed grounds not previously brought by the agency. Also finds the Notice Statute doesn’t allow a private right of action, and the Legislature didn’t intend for the law to allow it to do so.
Indiana Supreme Court relies on COA analysis in ruling for insurer in drunken driving case
Adopting the efficient and predominant cause analysis, the Indiana Supreme Court has found an insurance company did not have a duty to defend two Kokomo bars and their owner who are alleged to have continued serving alcohol to an inebriated patron who subsequently got into a drunken driving accident.
COA rules for DCS in negligence complaint after dad wasn’t notified of injury reports
An Indiana father who wasn’t notified that the Indiana Department of Child Services assessed allegations of abuse and neglect until two years after his twins were injured couldn’t convince the Court of Appeals of Indiana that the agency should be found negligent.
Justices permanently lift distance education limits for CLE, CJE
| IL Staff
Following changes made to accommodate social distancing beginning in 2020, the Indiana Supreme Court has permanently amended continuing education rules to lift limits on distance education.