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IMPD officers lose appeal at 7th Circuit in officer-involved shooting case

March 29, 2022 | Jordan Morey

With the disputed facts of an officer-involved shooting not yet resolved, the 7th Circuit Court of Appeals has dismissed a request by multiple Indianapolis Metro Police Department officers for summary judgment on qualified immunity grounds.

Opinions March 29, 2022

March 29, 2022

Court of Appeals of Indiana
U.S. Automatic Sprinkler Corporation v. Erie Insurance Exchange, Travelers Indemnity Company of Connecticut a/s/o Sycamore Springs Surgical Center, LLC, Dr. Nancy Pruett, D.D.S. and 3D Exhibits, Inc.
21A-CT-580
Civil Tort. Affirms Marion Superior Court denial of U.S. Automatic Sprinkler Corp.’s motion for summary judgment against Travelers Indemnity Company of Connecticut. Finds the subrogation waiver in Automatic Sprinkler’s contract with the Sycamore Springs Surgical Center does not apply because the sprinkler company did the work at the request of the landlord and not under its contract with the surgery center. Reverses the denial of Automatic Sprinkler’s motion for summary judgment against Erie Insurance Exchange, Nancy Pruett, D.D.S. and 3D Exhibits. Holds that under Citizen Gas & Coke Utility v. American Economy Insurance Co., 486 N.E.2d 998 (Ind. 1985) the requirement of privity is still binding in the property-damage context.

Leadership in Law 2022 – Individual Ticket

Leadership in Law 2022 – Corporate Table of 10

Latin Kings leaders lose appeals of convictions, life sentences

March 29, 2022 | Olivia Covington

A pair of northern Indiana gang leaders who were sentenced to life in prison for their roles in gang-related murders and drug activity have failed in their challenges to their convictions and sentences at the 7th Circuit Court of Appeals.

Central Indiana fair housing group files suit against senior living developer

March 29, 2022 | Leslie Bonilla Muñiz, Indianapolis Business Journal and Indianapolis Business Journal Staff

The Fair Housing Center of Central Indiana on Tuesday joined six other such groups from around the country to file a federal lawsuit against real estate company Clover Group, FHCCI announced.

Waterlogged tenants fail to sink privity requirement at COA

March 29, 2022 | Marilyn Odendahl

Although the tenants of an office that flooded after a sprinkler system malfunctioned floated “compelling arguments” as to why the sprinkler company should reimburse their insurance carriers for the damage, the Court of Appeals of Indiana was anchored by precedent which holds that the requirement of privity still stands in the property-damage context.

COA: Trial court harmlessly erred in denying direct questioning of prospective jurors

March 29, 2022 | Katie Stancombe

A St. Joseph County man convicted of involuntary slaughter for a drug deal gone wrong should have been permitted to directly question prospective jurors, but that error was ultimately harmless, the Court of Appeals of Indiana has ruled.

Indiana law schools chart some reshuffling in national rankings

March 29, 2022 | Marilyn Odendahl

A change in methodology used to calculate the U.S. News & World Report’s 2023 law school rankings brought mixed results for Indiana’s legal education institutions.

Police: 4 teens caught after Indiana Statehouse vandalized

March 29, 2022 | Associated Press

State police have turned over four teenagers to their parents after several offices in the Indiana Statehouse were vandalized.

Columbus man pleads guilty in great aunt’s 2020 killing

March 29, 2022 | Associated Press

A south-central Indiana man pleaded guilty Monday to murder in the 2020 slaying of his great aunt, whom authorities said he killed one day after she bailed him out of jail.

Democrats push toward vote on Jackson for Supreme Court

March 29, 2022 | Associated Press

The U.S. Senate Judiciary Committee is pushing Ketanji Brown Jackson closer to confirmation, setting up a vote next week to recommend her nomination to the full Senate and seat her as the first Black woman on the Supreme Court.

Justice Thomas joins arguments remotely after hospital stay

March 29, 2022 | Associated Press

Justice Clarence Thomas participated in arguments at the U.S. Supreme Court via telephone rather than in person on Monday following a hospital stay of nearly a week.

Judge: Trump ‘more likely than not’ committed crimes related to election

March 29, 2022 | Associated Press

A federal judge on Monday asserted it is “more likely than not” that former President Donald Trump committed crimes in his attempt to stop the certification of the 2020 election, ruling to order the release of more than 100 emails from Trump adviser John Eastman to the committee investigating the insurrection at the U.S. Capitol.

AG Rokita reaches resolution with political pundit over press conference access

March 28, 2022 | Marilyn Odendahl

Indiana Attorney General Todd Rokita and political pundit Abdul-Hakim Shabazz have ended their public battle that began at a press conference about robocalls with a one-page motion to voluntarily dismiss the lawsuit and pay their own legal fees.

Opinions March 28, 2022

March 28, 2022

Court of Appeals of Indiana
Munster Steel Co., Inc. v. CPV Partners, LLC and Centennial Village, LLC
21A-PL-1154
Civil plenary. Affirms summary judgment awarded to CPV Partners, LLC and Centennial Village, LLC against Munster Steel Co, Inc. after finding that the transfer of property that Munster Steel had sold to CPV and Centennial between the Developer and the Town of Munster had not been a sale, but an equitable mortgage. Finds Munster Steel has waived any argument that the Development Agreement was ambiguous and the evidence available shows that the Town Parties and the Developer intended the transfer to be an equitable mortgage.

COA: Property transfer for Munster redevelopment an equitable mortgage, not sale

March 28, 2022 | Katie Stancombe

A sale of property in Munster that was subsequently transferred from the buyer to the town for redevelopment purposes was not a sale triggering a payment provision for the original owner, but an equitable mortgage, the Court of Appeals of Indiana has ruled.

Mother’s neglect of dependent resulting in death conviction upheld

March 28, 2022 | Katie Stancombe

A woman convicted of felony neglect of a dependent resulting in death after she left her infant son in the care of his father, who she knew had previously expressed thoughts of harming the child, did not find relief from the Court of Appeals of Indiana.

IN Supreme Court to hear final March oral arguments

March 28, 2022 | IL Staff

The final oral arguments Indiana Supreme Court justices will hear this month concern whether a preliminary instruction was given in error to a jury regarding a man’s unlawful possession of a firearm.

Police: Suspect in Evansville double homicide dies in crash

March 28, 2022 | Associated Press

A man suspected in an Evansville double-homicide died early Friday when his vehicle crashed about 100 miles (161 kilometers) away in southern Indiana during a police pursuit, state police said.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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