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Majority justices rule Duke can’t retroactively recover coal-ash cleanup costs

March 10, 2022 | Katie Stancombe

Indiana Supreme Court justices were divided on an issue of first impression brought by Duke Energy and the Indiana Utility Regulatory Commission, ultimately ruling that the utility cannot recover past coal-ash cleanup costs adjudicated under a prior rate order by treating the costs as a capitalized asset.

Justices: Steel supplier can have mechanic’s lien over U.S. Steel project site

March 10, 2022 | Jordan Morey

Like the Court of Appeals of Indiana did before the case was transferred, the Indiana Supreme Court has reversed summary judgment granted to United States Steel Corp. over a mechanic’s lien dispute regarding a now-defunct industrial project in Gary.

Opinions March 10, 2022

March 10, 2022

Indiana Supreme Court
Service Steel Warehouse Co., L.P. v. United States Steel Corp.
21S-CC-408
Civil collections. Reverses the Lake Superior Court’s entry of summary judgment for United States Steel Corp. after Service Steel Warehouse Co. L.P. sued to foreclose on a mechanic’s lien. Finds Service Steel, as a supplier, could have a lien because it furnished materials for a project, which is all the mechanic’s lien statute required. Remands for reconsideration of Service Steel’s summary judgment motion.

JNC to hold final IN Supreme Court interviews on April 5

March 10, 2022 | IL Staff

The final round of public interviews for a seat on the Indiana Supreme Court will be held on April 5.

Former Indianapolis post office manager charged with mail theft

March 10, 2022 | Susan Orr, Indianapolis Business Journal

The former customer service manager at the New Augusta Post Office branch on the northwest side of Indianapolis is facing federal criminal charges in connection with the theft of $1.7 million in checks from the branch over a 13-month period that ended in mid-2021.

Rochester woman out of prison in school bus crash that killed 3 kids

March 10, 2022 | Associated Press

A woman convicted in a 2018 crash that killed three siblings who were crossing a rural northern Indiana highway to board a school bus was released from prison Wednesday, after serving just over two years.

Did Amazon violate federal laws? Lawmakers ask for DOJ probe

March 10, 2022 | Associated Press

Lawmakers followed through Wednesday on their threat to seek a criminal investigation of Amazon, asking the Justice Department to investigate whether the tech giant and senior executives obstructed Congress or violated other federal laws in testimony on its competition practices.

Bill repealing handgun permit requirement awaits decision from Holcomb

March 9, 2022 | IL Staff

A highly contested bill that would allow Hoosiers to carry a handgun in public without a permit is headed to the governor’s desk for final consideration after Republican lawmakers successfully revived the measure in spite of criticism from law enforcement and other stakeholders.

Opinions March 9, 2022

March 9, 2022

7th Circuit Court of Appeals
United States of America v. Mark Price
20-3191
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Mark Price’s conviction of unlawfully possessing firearms and ammunition as a felon, as well as his enhanced sentence. Rejects Price’s “stalking horse” theory on first impression and finds the parole search wasn’t a violation of Price’s Fourth Amendment rights. Also finds Price’s terms as a parolee lessened his privacy status. Finally, finds the district court didn’t err as to the sufficiency of the evidence or in giving Price three sentencing enhancements.

Woman in legal battle with independent insurance company has no appealable claims, COA rules

March 9, 2022 | Katie Stancombe

A woman who spent roughly a decade in a legal battle with her employer has had her case dismissed for a lack of appealable issues.

7th Circuit rejects felon’s ‘stalking horse’ argument

March 9, 2022 | Jordan Morey

In a case of first impression, the 7th Circuit Court of Appeals denied a “stalking horse” argument made by a convicted felon on parole who was caught unlawfully possessing firearms.

IN justices decline to expand med-mal act to indemnity claims filed by one care provider against another

March 9, 2022 | Olivia Covington

The Indiana Medical Malpractice Act does not apply to claims for indemnification filed by one medical provider against another, the Indiana Supreme Court has ruled. The court’s decision means a breach-of-contract claim filed against a radiology services provider can proceed, because the MMA’s statute of limitations did not preclude the claim.

COA affirms ruling for business on ex-employee’s wage claim, also awards appellate attorney fees

March 9, 2022 | Jordan Morey

A northern Indiana man who lost his Wage Claims Act complaint against his former employer did not convince the Court of Appeals of Indiana that the trial court erred in its ruling and will now also have to pay appellate attorney fees to the business.

IN GOP lawmakers urge governor to call special session if SCOTUS overturns Roe v. Wade

March 9, 2022 | IL Staff

Indiana Republican lawmakers have sent a letter requesting that Gov. Eric Holcomb call a special legislative session if the Supreme Court of the United States completely or partially overturns Roe v. Wade with its upcoming ruling in a Mississippi abortion case.

Legislature ends session by cutting income taxes, not business personal property tax

March 9, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

Indiana lawmakers gave final approval early Wednesday morning to a Republican tax-cut package that would gradually reduce state income taxes over the next seven years, but they failed to reach agreement on cutting the business personal property tax.

Elderly Michigan City woman faces neglect charge after disabled son dies

March 9, 2022 | Associated Press

A 71-year-old woman faces a felony neglect charge and a possible 20-40-year prison sentence after her bedridden, mentally disabled son was brought to a hospital and later died with bed sores impacted with feces, court records state.

Sen. Collins, key vote on Supreme Court, praises Jackson

March 9, 2022 | Associated Press

Republican Sen. Susan Collins had words of praise for Supreme Court nominee Ketanji Brown Jackson after meeting with her for more than an hour and a half at the Capitol on Tuesday, raising Democrats’ hopes that she could be a GOP vote in favor of her confirmation.

1st trial in Capitol riot ends in conviction on all counts

March 9, 2022 | Associated Press

A Texas man was convicted Tuesday of storming the U.S. Capitol with a holstered handgun, a milestone victory for federal prosecutors in the first trial among hundreds of cases arising from last year’s riot.

Opinions March 8, 2022

March 8, 2022

Indiana Supreme Court
Solarize Indiana, Inc. v. Southern Indiana Gas and Electric Co., d/b/a Vectren Energy Delivery of Indiana, Inc., et al.
21S-EX-236
Agency action. Dismisses Solarize Indiana Inc.’s appeal seeking judicial review of the Indiana Utility Regulatory Commission’s order approving two filings submitted by Vectren Energy Delivery of Indiana Inc. under an expedited process known as the Thirty-Day Rule. Finds Solarize has not shown that it was adversely affected by the IURC order, so it lacks standing. Justice Geoffrey Slaughter concurs in part and in the judgment with separate opinion.

Obstruction of justice bill signed into law

March 8, 2022 | Katie Stancombe

Indiana Gov. Eric Holcomb has signed into law a bill that aims to foster a more efficient legal process for domestic violence and child abuse cases where witnesses are likely to fail to appear or not testify truthfully.

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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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