New law mandates Indiana schools test for lead contamination
Drinking water fountains and taps at public and private schools in Indiana will be required to be tested for lead contamination by 2023 under a new state law.
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Opinions March 30, 2020
Indiana Supreme Court
Cathy Jo Robertson v. State of Indiana
19S-PL-432
Civil plenary. Affirms the Jennings Superior Court’s denial of the motion to dismiss Counts I and II, misappropriation of public funds, against Cathy Jo Robertson, reverses the trial court’s denial of the motion to dismiss Count III as to the Crime Victims Relief Act claim and remands for further proceedings consistent with this opinion. Finds that as to claims to recover public funds pursuant to Indiana Code § 5-11-5-1(a), the limitations period begins to run only after the Office of the Attorney General receives a final, verified report from the State Board of Accounts. Also finds that claims pursuant to the CVRA are governed by the discovery rule. Justice Geoffrey Slaughter concurs in judgment with separate opinion.
Recovery case against former bookkeeper to continue in part
A case seeking to recover public funds from a former Jennings County bookkeeper will continue after the Indiana Supreme Court determined two of the three claims brought by the state were not governed by the discovery rule and, thus, were timely filed. The third claim, however, was governed by the discovery rule.
Reversal: Landlord didn’t have enough info to consider emotional support cat
A woman evicted from her apartment because of her emotional support cat faced a reversal in favor of her landlord Monday after the Indiana Court of Appeals determined the woman did not provide enough information to allow the landlord to review her request for the animal.
COA affirms firearm felony in Indy500 case
A man attending the Indianapolis 500 who was carrying a firearm without a permit did not convince the Indiana Court of Appeals that his constitutional rights were violated by a frisk.
Coronavirus cases rise to 1,786 in state, 804 in Marion County
The Indiana State Department of Health on Monday morning said the number of presumptive positive cases for COVID-19 in the state has risen to 1,786 after the emergence of 272 more cases. As those numbers continue to rise, Indiana’s top health official says the state could still be a month away from the peak of coronavirus infections.
Witham Health Services sued over pediatrician convicted of child molestation
A new lawsuit accuses Witham Health Services in Lebanon of negligence for hiring a pediatrician who’d faced criminal sexual misconduct charges during his residency in 2004 and then allowing him to see patients with no one else present.
Virus separating Indiana’s governor, lieutenant governor
Indiana’s two top state officials have started working apart as cases of the coronavirus illness continue to grow rapidly.
TV program to spotlight unsolved killings of 2 Delphi teens
A national television program that examines true-crime cases is putting its spotlight on the unsolved 2017 killings of two teenage girls who were slain after they went hiking on a northern Indiana recreational trail.
House passes $2.2T rescue package, rushes it to Trump
Acting swiftly in an extraordinary time, the House rushed President Donald Trump a $2.2 trillion rescue package Friday, tossing a life preserver to a U.S. economy and health care system left flailing by the coronavirus pandemic.
Opinions March 27, 2020
The following 7th Circuit Court of Appeals was posted after IL deadline on Thursday.
Rexing Quality Eggs v. Rembrandt Enterprises, Inc.
19-2146
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Southern District Court’s decision, finding that the proceedings at hand were logically part of Rexing I and that the attempt to rehash them in Rexing II was an impermissible effort at claim splitting.
7th Circuit sides with supplier in second egg dispute
The 7th Circuit Court of Appeals has ruled for an Iowa-based egg supplier in a second action brought against it by an Evansville-based buyer after finding that Indiana’s claim-splitting ban applied to the buyer’s new action.
Deadly weapon enhancement affirmed in man’s intimidation conviction
A man convicted of intimidation after threatening his estranged wife with an AR-15 rifle did not convince the Indiana Court of Appeals that his charge was wrongly enhanced from a misdemeanor to a felony.
JNC to interview 13 to succeed Baker in May
| IL Staff
A total of 13 candidates to fill an upcoming vacancy on the Indiana Court of Appeals will be interviewed in May, one month later than originally scheduled due to social distancing requirements to stem the spread of COVID-19.
Coronavirus cases rise to 981 in state, death toll climbs to 24
The Indiana State Department of Health on Friday morning said the number of presumptive positive cases for COVID-19 in the state has risen to 981 after the emergence of 336 more cases. The death toll in the state has risen to 24, up from 17 the previous day.
Fort Wayne jail releases 25 inmates early amid pandemic
Twenty-five jail inmates in Fort Wayne have received early releases amid the coronavirus pandemic, officials said.
Indiana officials push for obeying stay-at-home order
The Indianapolis 500 on Thursday joined a long list of sporting events postponed by the coronavirus, as Indiana reported its death toll from the pandemic has risen by three to 17. State officials also insisted residents abide by the governor’s stay-at-home order to rein in the coronavirus spread and not take advantage of its travel and work exemptions.
3 charged in Columbus murder-for-hire allegedly sparked by jealousy
Three people, including an Illinois man, have been arrested in connection with a February slaying outside a Bartholomew County factory apparently motivated by the victim’s relationship with an ex-girlfriend of one of the suspects, authorities said.
Opinions March 26, 2020
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.
Carl Castetter v. Dolgencorp, LLC
19-2026
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the district court’s summary judgment ruling in favor of Carl Castetter’s employer, Dolgencorp, on his claim of disability discrimination. Finds Castetter’s claims are insufficient to meet the level of proof that his disability following cancer treatment was the “but for” cause of his termination.
Dismissal of fired Dollar General manager’s ADA claim upheld
A Dollar General district manager who was fired after he returned from medical leave for cancer treatment could not prevail on his claim that his termination violated his rights under the Americans with Disabilities Act, the 7th Circuit Court of Appeals affirmed Wednesday.