Bill to effectively ban panhandling in Indianapolis passes both chambers
Indiana lawmakers have taken steps to significantly expand the definition of panhandling in a measure that effectively bans the activity throughout downtown Indianapolis.
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Fair Finance bankruptcy trustee loses high-stakes jury trial against deep-pocketed lender
The bankruptcy trustee seeking to recover millions of dollars for victims of Indianapolis businessman Tim Durham’s Ponzi scheme has come up empty in a nearly decade-long lawsuit against a deep-pocketed lender he alleged was culpable in the fraud.
Potential coronavirus exposure closes all Faegre Drinker offices
| IL Staff
Faegre Drinker Biddle & Reath closed all 22 of its global offices Tuesday due to concerns over the coronavirus outbreak. Attorneys worked remotely after concerns that employees in the firm’s Washington, D.C., office had potentially been exposed a day prior.
Distracted driving legislation approved by both chambers, heads to Holcomb
Get ready to put your cell phones down in the car. Legislation that bans drivers from holding or using cellphones while operating a motor vehicle passed the Indiana House and Senate on Tuesday and heads to Gov. Eric Holcomb, who is expected to sign it into law.
Opinions March 10, 2020
Indiana Court of Appeals
Larry Mickow v. AAA Insurance MemberSelect Insurance Company (mem. dec.)
19A-CT-1546
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of MemberSelect Insurance Company against Larry Mickow. Finds that because no factual dispute exists as to whether MemberSelect breached its duty of good faith and fair dealing, the trial court properly granted summary judgment on Mickow’s bad faith claim. Also finds it properly granted summary judgment in favor of MemberSelect on his breach of contract claim.
Housing amendment that would bar local ordinances protested at Legislature
Pushing what legislators have so far not been able to stop, housing advocates arrived at the Statehouse Monday hoping to derail an amendment that opponents say would not only further disadvantage Indiana renters but also possibly preempt cities from regulating rental properties.
Strong showing of intellectual disability prompts stay of federal execution
A federal judge in Indiana has granted a Louisiana man’s motion to stay his execution pending resolution of his habeas action, finding the man made a strong showing that he is intellectually disabled and as a result, the Federal Death Penalty Act forbids his execution.
Attorney accused of tax evasion suspended; 2 justices would disbar
| IL Staff
A Schererville attorney previously arraigned in federal court on charges of tax evasion and failure to pay federal income taxes has been suspended from the practice of law for three years without automatic reinstatement, the Indiana Supreme Court ordered Tuesday. Some of the justices, however, said they would disbar the attorney.
Trial date postponed for alleged gunman in judges shooting
| IL Staff
A trial that had been scheduled to begin next Monday has been continued until mid-April for the alleged gunman who plans to claim self-defense in the shooting of two southern Indiana judges last year.
RFRA ‘fix’ challenged in appellate briefs in lawsuit against city ordinances
Three traditional-marriage organizations challenging the amendment to Indiana’s controversial Religious Freedom Restoration Act are asking the Indiana Court of Appeals for relief, asserting they have standing to sue four cities that have enacted anti-discrimination ordinances.
Big liquor chain sues Indiana for denying permit for Nora superstore
Just days after getting turned down for a liquor permit, a huge Maryland-based liquor retailer is suing the Indiana Alcohol and Tobacco Commission, saying the denial was unconstitutional and amounted to economic protectionism.
US Supreme Court rejects ex-cop’s appeal of rape convictions
The U.S. Supreme Court on Monday declined to hear an appeal for a former Oklahoma City police officer convicted of sexually assaulting black women he encountered while patrolling the city’s low-income neighborhoods.
Indiana House sees leadership change as session nears end
The top leadership position in the Indiana House changed hands Monday for the first time in a decade in an unusual transition just as this year’s legislative session is about to wrap up.
Opinions March 9, 2020
7th Circuit Court of Appeals
Robert Holleman v. Dushan Zatecky
19-1326
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Affirms the Southern District Court’s grant of summary judgment to Zatecky in response to Robert Holleman’s First Amendment lawsuit after his transfer from Pendleton Correctional Facility. Despite Holleman’s multitudinous lawsuits, grievances, and an interview he provided to a local newspaper about the conditions at Pendleton, finds his transfer was not retaliation.
Hammond forum to focus on potential Real ID problems
| IL Staff
Seeking to address potential problems that could arise when Real ID laws take effect Oct. 1, a Lake County judge and attorney will participate in a presentation this week aiming to resolve some of the issues lawyers and judges are seeing in court.
Man’s 6-year sentence affirmed in fatal teen car wreck case
While hanging out one evening at a playground in 2017, five Indianapolis teenagers got into an argument with two women nearby who were searching for a drone owned by Daniel Cannon. When asked if they wanted to fight, the teens got back into their vehicle, drove toward the women as if to hit them, and then moved on to the street.
Panel favors retention of all 13 Marion Superior judges
The Marion County Judicial Selection Committee has unanimously voted to recommend retention of all 13 Marion Superior judges whose names will be on the ballot in November.
COA dismisses man’s appeal in adoption dispute
A man seeking to adopt his ex-wife’s child had his case dismissed by the Indiana Court of Appeals on Monday after it found no indication that he sought certification from the trial court or permission from the appellate court to file a discretionary interlocutory appeal, among other things.
Foreclosure ruling for homeowner reversed after ‘near-blanket exclusion’ of evidence
A Lake Superior judge who threw out a bank’s mortgage foreclosure lawsuit against a homeowner and entered judgment in her favor was reversed by the Indiana Court of Appeals, which found the court abused its discretion in ordering a “near-blanket exclusion” of the bank’s evidence.
7th Circuit: Litigious inmate’s transfer not retaliation
An inmate serving a life sentence who is known for being a “quintessential jailhouse lawyer” did not prevail in an appeal to the 7th Circuit Court of Appeals on Friday after the court found his transfer to another prison prompted by his multiple and continued grievances was not a move of retaliation.