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IndyBar: Your Community is Calling! Support the Indianapolis Bar Foundation’s Mission

| Bryssa Helton and From IndyBar

The IndyBar Foundation is a direct representation of the care association members, like you, have for our community. When was the last time you attended a foundation fundraiser or shared our story with a colleague on your social channels? How long has it been since you’ve donated your time and skills to a foundation committee or volunteer program? When did you last donate? Here are all the ways you can support the IndyBar Foundation right now:

Opinions July 16, 2024

Indiana Court of Appeals
Ross Graham Thomas v. Joseph Foyst
24A-MI-251
Miscellaneous. Reverses the Bartholomew Circuit Court’s order in favor of Joseph Foyst. Remands with instructions to declare Bryan Muñoz the winner of the 2023 general election for the District 6 seat on the Columbus City Council. Finds that Foyst’s candidacy should be nullified because the notice of caucus was not timely submitted. Also, finds the clerk was barred by statute from receiving both the notice of caucus and the certificate of candidate selection because both documents were not timely filed. Finally, finds the clerk’s actions in violation of the applicable statutes were, by definition, ultra vires, and thus Foyst’s candidacy never existed in the eyes of the law.

Rokita takes campaign fundraising lead

| Alexa Shrake

Campaign finance reports for the Indiana Attorney General race were due Monday to the Indiana Secretary of State and show Republican incumbent Todd Rokita still leading in fundraising. He has more than $1.3 million in the coffers ahead of the general election.

Federal judge dismisses Trump classified documents case over concerns with prosecutor’s appointment

| Associated Press

A federal judge in Florida has dismissed the classified documents case against former President Donald Trump, siding with defense lawyers who said the special counsel who filed the charges was illegally appointed by the Justice Department. Hours later, special counsel Jack Smith’s office said it would appeal the order, which could result in it eventually being overturned by a higher court. But for now at least, the dismissal Monday by U.S. District Judge Aileen Cannon brings a stunning and abrupt halt to a criminal case that at the time it was filed was widely regarded as the most perilous of all the legal threats the Republican former president confronted.

Opinions July 15, 2024

Indiana Court of Appeals
B & L Drywall, LLC v. R.L. Turner Corporation
23A-PL-2962
Civil plenary. Affirms the Boone Circuit Court’s order granting summary judgment and damages to R.L. Turner Corp. for B&L Drywall, LLC’s breach of contract. Finds the trial court did not err in denying B&L’s motion for summary judgment and granting RLTC’s motion for summary judgment as there are no genuine issues of material fact, and RLTC is entitled to judgment as a matter of law. Also finds the trial court did not abuse its discretion when it awarded RLTC damages in the amount of the difference between the contract sum and the cost to pay the replacement contractor, as such an award was permitted by the unambiguous terms of the contract.