Articles

COA revives ‘new intervenors’ challenge in South Bend police phone call recording litigation

Describing the litigation as taking a “convoluted procedural path” through state and federal courts, the Court of Appeals of Indiana remanded the yearslong dispute in South Bend over surreptitiously recorded phone conversations of certain police officers after finding the fundamental question of whether the state or federal wiretap laws were violated had never been answered.

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Dueling protests show deep divide over Dobbs ruling

The dueling rallies on the Indiana Statehouse lawn one day after the U.S. Supreme Court issued the ruling that overturned Roe v. Wade provided a glimpse into the divide over abortion as well as starkly differing views of what a post-Roe America will be like. On one issue both sides seemed to agree: The Indiana General Assembly will soon be enacting more restrictions, if not a total ban, on abortion.

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Fight for COVID interruption coverage continues

Attorneys representing businesses fighting their insurance carriers over interruption insurance claims are continuing to argue over the meaning of “physical loss and damage,” but some are also contending that the losses linked to COVID-19 are covered when the policy does not contain a virus exclusion provision.

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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.”

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RFRA defense fails to stop child abuse prosecution

A Lawrence County man tried to defend himself against child abuse charges by asserting his right to religious freedom, but the Court of Appeals of Indiana found the state’s Religious Freedom Restoration Act did not apply in his case because the prosecution demonstrated it had chosen the least restrictive means to advance the state’s compelling interest in protecting children.

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