Bill to end health emergency, limit vaccine mandates heads to governor
The Indiana House voted Thursday to send watered-down legislation to limit employer vaccine mandates to the governor, who is expected to soon sign it into law.
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Handgun permit repeal language revived by Republican lawmakers
Indiana lawmakers have revived a bill that would have repealed Indiana’s handgun permit requirement by putting the language into another vehicle, despite continued opposition to the measure.
7th Circuit affirms rulings in ‘acrimonious’ dispute over property value assessment
The 7th Circuit Court of Appeals has affirmed a lower court’s various rulings in “acrimonious” litigation between an appraiser and a bank.
7th Circuit: Product liability claims against Cook Medical untimely
An Oregon woman who brought product liability claims in a short-form complaint against Indiana-based Cook Medical could not succeed on appeal because her claims were untimely, the 7th Circuit Court of Appeals has affirmed.
Opinions March 3, 2022
Court of Appeals of Indiana
In the Matter of the Marriage of: Kristi M. McClendon v. Richard L. Triplett
21A-DR-1852
Domestic relations. Affirms the modification of custody of K.T. and D.T. in favor of father Richard Triplett. Finds mother Kristi McClendon failed to demonstrate that she was prejudiced by the denial of her motion to continue, that the Adams Circuit Court abused its discretion by allowing K.T. to testify without her parents in the courtroom, that the trial court’s denial of her motion to exclude testimony of three witnesses was erroneous or that the trial court erred by granting Triplett’s motion for modification of physical and legal custody.
COA upholds custody modification in father’s favor
An Indiana-based father was properly awarded primary custody of his two children who until recently had lived with their mother in North Carolina, the Court of Appeals of Indiana has ruled.
IN justices affirm mother was afforded due process during virtual TPR hearing
A mother whose parental rights were terminated after a virtual hearing via Zoom has lost her appeal at the Indiana Supreme Court, which instead adopted as precedent a Court of Appeals analysis of how the mother’s due process rights were impacted by the virtual proceedings.
Woman who lost consciousness while driving not liable for motorist’s negligence claim, COA affirms
A woman who said she lost consciousness while driving before causing a serious accident demonstrated that her medical emergency was unforeseeable, the Court of Appeals of Indiana has affirmed, upholding a summary judgment ruling in favor of the woman on a negligence claim.
Indiana bill to close rape law loophole heads to governor
A bill that seeks to redefine rape and consent in Indiana is headed to the governor’s desk after state lawmakers gave it their final approval on Wednesday.
2 teens charged in slaying of a retired Gary firefighter
Two teenage boys have made their first court appearances after being charged in the slaying of a retired Gary firefighter who was a member of the high school basketball team that won the 1968 state title.
Democrats see ‘no reason to wait’ on Supreme Court vote
Supreme Court nominee Ketanji Brown Jackson began courting senators on Capitol Hill, making her case for confirmation in private meetings as Democrats work to move her through the Senate within weeks.
Checking in? Notorious hotel the setting of high court case
The Smuggler’s Inn, a bed-and-breakfast on the U.S.-Canada border that officials say is a magnet for illegal border crossings, was the setting of a case heard Wednesday at the Supreme Court.
Indiana Southern District Court lifts mask, social distancing mandates
| IL Staff
Visitors of the federal courthouses in the Southern District of Indiana will no longer be required to wear face coverings or socially distance while entering and occupying public spaces beginning next week, according to a Wednesday order from Chief Judge Tanya Walton Pratt.
Lying to client about filing lawsuit gets Indy attorney at least 1-year suspension
| IL Staff
An Indianapolis attorney has been suspended from the practice of law for no less than one year without automatic reinstatement after he lied to a client about filing a lawsuit on her behalf and failed to inform her that she may have had an actionable malpractice claim against him.
Opinions March 2, 2022
Court of Appeals of Indiana
Rhonda R. Parkevich v. State of Indiana (mem. dec.)
21A-CR-1385
Criminal. Affirms and reverses in part the order for Rhonda R. Parkevich to pay restitution upon her conviction of Level 6 felony theft. Finds Parkevich waived her right to dispute her ability to pay her ordered restitution, and the Cass Superior Court didn’t err by determining she had the ability to pay. Also finds the trial court abused its discretion by failing to fix the manner of payment and by awarding restitution for a loss that is not the direct and immediate result of the offense in this case. Remands with instructions to impose restitution in the amount of $36,632, determine a payment schedule and fix the amount of the payments.
Indy-area news orgs defeat defamation claim filed by pro-police nonprofit
A pro-police organization that was once accused of being a “scam” has lost its defamation claim against two Indianapolis-area news organizations.
Indianapolis man pleads guilty in real estate rental fraud scheme
An Indianapolis man pleaded guilty Tuesday to running a real estate fraud scheme that defrauded investors of millions of dollars.
Troubled Lakeside Pointe apartment complex acquired; lawsuit shelved
The long-troubled Lakeside Pointe at Nora apartment complex — under threat of a city nuisance lawsuit — has a new owner. The change in ownership means city and local heath officials will shelve — for now — a “test case” lawsuit under Indiana’s nuisance law.
Indiana lawmakers send trans girls sports ban to governor
Indiana lawmakers gave final approval Tuesday to a Republican-backed bill that would ban transgender women and girls from participating in school sports that match their gender identity, sending it to the governor to decide whether it will become law.
Prosecutor: Marshall Co. deputy justified in motorist’s killing
A northern Indiana sheriff’s deputy won’t be charged in the fatal shooting of a motorist who fled an attempted traffic stop and eventually pinned the deputy between two vehicles.