Volunteer dog walker sues Humane Society after losing finger to dog bite
| IL Staff
A volunteer dog walker is suing the Humane Society for Hamilton County after a dog she walked attacked her, resulting in her losing a finger.
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A volunteer dog walker is suing the Humane Society for Hamilton County after a dog she walked attacked her, resulting in her losing a finger.
The IndyBar Litigation Section is sponsoring two more installments of its recurring ‘Lunch with the Bench’ series. Southern District of Indiana Magistrate Judge Kellie Barr will host the first lunch on August 22, 2024, and Southern District Magistrate Judge Kendra Klump’s presentation will follow on September 4, 2024. Both events will take place from noon until 1 p.m. at the Birch Bayh Federal Building & U.S. Courthouse, 46 East Ohio Street, Indianapolis.
Indiana Supreme Court
Perdue Farms, Inc. v. L&B Transport, LLC, et.al.
24S-PL-40
Civil plenary. Affirm the Daviess Circuit Court’s order dismissing Perdue Farms ’s claims against U.S. Security for improper venue. Enforces the forum-selection clause over the plaintiff’s objection, though that means some of its claims will be heard in Maryland, and others (against non-contracting defendants) will be heard in Indiana. Reject the plaintiff’s strategic pleading to avoid the forum-selection clause by suing the contracting defendant’s Indiana-based employees individually. Reverses the trial court’s order dismissing U.S. Security’s three employees. Declines to apply the forum-selection clause to the plaintiff’s claims against the individual employees. These employees (unlike their employer) are not parties to the forum-selection clause, and they are not in privity with their employer. Remands for further proceedings consistent with the court’s opinion. Chief Justice Loretta Rush concurs with separate opinion.
In an ongoing lawsuit against a new law on higher education curriculum, Indiana’s two top universities released a statement yesterday separating themselves from the Office of the Attorney General’s arguments.
The Indiana Supreme Court denied 12 transfers for the week ending Aug. 9. Among the cases denied transfer included a Shelby County man seeking additional educational credit time. In Steven C. Clear v. State of Indiana, 24A-CR-170, the Indiana Court of Appeals affirmed Clear’s conviction of a Level 5 felony operating a vehicle while intoxicated […]
A year after a Georgia grand jury accused Donald Trump and others of illegally trying to overturn the 2020 presidential election in the state, the case has stalled with no chance of going to trial before the end of this year.
“I remember thinking, this is the only way I was able to become a mother,” Gomez told Stateline. She and her husband went through years of fertility treatments and multiple rounds of IVF before the birth of their daughter in 2016. Without freezing her embryos and going through IVF, she said, “I would not be a mom. My 8-year-old would not be here.”
A March law — the Legislature’s third attempt to kill the case — lets only the Indiana attorney general sue the firearm industry. It’s retroactive to August 27, 1999 — three days before Gary filed its lawsuit.
Results from a survey by the Indiana Supreme Court’s Office of Communication, Education, and Outreach suggest the majority of respondents believe the use of news media cameras in courtrooms has been successful so far.
The Indiana Supreme Court has suspended an Indianapolis attorney from practicing law in the state, following his May sentencing for operating a vehicle while intoxicated and causing death in a May 2023 crash.
A California-based family jewelry business is now trying to prove that money seized at the Indianapolis FedEx center belonged to them, and was not associated with any criminal business.
Indiana Tax Court
Majestic Properties, LLC v. Tippecanoe County Assessor
22T-TA-13
Tax. Reverses the Indiana Board of Tax Review’s decision that two uses of a single-family residence – as a residential rental property and as an owner-occupied home – are equivalent for purposes of assessment after relying on appraisals offered by the Tippecanoe County Assessor that valued a Majestic Properties, LLC home for its use as an owner-occupied residence to uphold the assessment. Finds the board’s additional concern that a more narrow conception of use risks valuing the property to the specific user (e.g., Majestic) is mitigated by the appropriate identification of the class of similar users to which the owner belongs under the regulatory standard. Also finds the failure to apply the regulatory standard may have led the board to conceive the current use of the subject property too broadly. Remands the case to the board for further proceedings consistent with this opinion.
In the name of consumer protection, a slew of U.S. federal agencies are working to make it easier for Americans to click the unsubscribe button for unwanted memberships and recurring payment services.
Several U.S. senators have called on the Social Security Administration to take steps to make it easier for people with long COVID to access disability benefits, actions that disability rights advocates and patients say are desperately needed.
Indiana Attorney General Todd Rokita has dismissed a case his office brought against IU Health after a judge’s ruling found the case lacking.
Even as the Biden administration has publicly warned hospitals to treat pregnant patients in emergencies, facilities continue to violate the federal law. More than 100 pregnant women in medical distress who sought help from emergency rooms were turned away or negligently treated since 2022, an Associated Press analysis of federal hospital investigations has found.
The 7th Circuit Court of Appeals vacated a lower court’s ruling that denied a preliminary injunction for the Indiana Right to Life Victory Fund and a media company against two provisions of Indiana law dealing with campaign finance restrictions.
A conservative education foundation filed an amicus brief on Thursday in support of a former Brownsburg teacher who was forced to quit his job at a public school after he chose not to use preferred pronouns when identifying transgender students.
A new Indiana chapter of the Innocence Project is ready to launch this month. The not-for-profit group is a New York-based organization.
Indiana Court of Appeals
Scott A. Blattert, Jr. v. State of Indiana
23A-CR-1571
Criminal. Affirms Scott Blattert’s convictions in Lawrence Superior Court for Level 3 felony aggravated battery, two counts of Level 5 felony domestic battery, Level 6 felony strangulation, Level 6 felony domestic battery, and Class A misdemeanor domestic battery. Finds the jury acted within its discretion when it concluded that Blattert’s actions underlying count 5 and count 6 were unreasonable. Also finds the state presented sufficient evidence to support Blattert’s conviction for Level 3 felony aggravated battery.