IndyBar: The Racing Attorney Conference Heads to Austin, Texas in April!
| From IndyBar and Kyle Fairchild
The 2024 Racing Attorney Conference will be hosted April 9-10 at Circuit of Americas in Austin, Texas.
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IndyBar: Member Highlight: Adriana Figueroa
| From IndyBar and Adriana Figueroa
A Q&A with IndyBar member Adriana Figueroa.
CASA Day celebrates volunteers at Statehouse
Court-appointed special advocates directors and volunteers from across the state traveled to the Indiana Statehouse on Tuesday to celebrate the second CASA Day since the COVID-19 pandemic.
IN justices agree to consider whether contempt defendants are entitled to mental health experts
| IL Staff
The Indiana Supreme Court denied 12 transfer petitions and granted one for the week ending Feb. 23, agreeing to hear a case involving whether criminal contempt defendants are entitled to the appointment of mental health experts.
Summary judgment rulings affirmed, reversed in dispute over faulty neighborhood drainage system
A lawsuit stemming from property damages allegedly caused by a faulty drainage system will continue in part after the Court of Appeals of Indiana partially affirmed and reversed summary judgment awards to the different parties.
Indiana man gets 195-year sentence for 2021 killing of woman, young daughter, fiancé
A northern Indiana man convicted in the fatal 2021 shootings of a woman, her young daughter and her fiancé has been sentenced to 195 years in prison.
1 week remaining to submit Leadership in Law nominations
| IL Staff
Only one week remains to submit your nominations for Indiana Lawyer’s 2024 Leadership in Law Awards.
Opinions Feb. 27, 2024
Court of Appeals of Indiana
Elpers Bros. Construction & Supply, Inc., et al. v. Deane L. Smith, II, M.D., et al.
23A-PL-437
Civil plenary. Affirms and reverses in part the grant of summary judgment in favor of Deane L. and Lori A. Smith. Finds the Vanderburgh Circuit Court properly granted summary judgment for the Smiths on their claim that Elpers Bros. Construction & Supply Inc. owed a non-delegable duty to properly design and construct a subdivision’s drainage system. Also finds the trial court erred in granting only partial summary judgment for the homeowners association and in denying Elpers Development’s motion for summary judgment. Finally, finds the trial court properly denied Elpers Construction’s motion for summary judgment on the Smiths’ fraud claim. Remands for further proceedings.
Bill filed in Kentucky House would ease near-total abortion ban by adding rape and incest exceptions
Legislation aimed at easing Kentucky’s near-total abortion ban by creating limited exceptions for pregnancies caused by rape or incest was introduced Monday in the GOP-dominated House, as lawmakers wrangle with an issue at the forefront of last year’s campaign for governor.
Biden will urge congressional leaders to avoid a government shutdown, send aid to Ukraine and Israel
President Joe Biden was meeting Tuesday with the top four leaders of Congress to press them to act quickly to avoid a looming government shutdown early next month and to pass emergency aid for Ukraine and Israel.
House keeps retention mandate in literacy overhaul bill; makes tweaks to higher ed measures
A mandate to require reading-deficient third graders to be held back a year in school withstood challenges from Democrats on Monday — though some Republican lawmakers joined in opposing stricter retention.
Supreme Court casts doubt on GOP-led states’ efforts to regulate social media platforms
The Supreme Court cast doubt Monday on state laws that could affect how Facebook, TikTok, X, YouTube and other social media platforms regulate content posted by their users.
Opinions Feb. 26, 2024
Court of Appeals of Indiana
Starr Indemnity & Liability Co. et al. v. NIBCO INC.
23A-PL-1343
Civil plenary. Reverses the Elkhart Superior Court’s judgment reinstating NIBCO’s declaratory judgment action against Starr Indemnity & Liability Co., et.al.. Finds the trial court erred by reinstating the action. Also finds that relief from the judgment was only available to NIBCO under Indiana Trial Rule 60 (B) and because the company failed to act within the time permitted by the rule, it was not entitled to reinstatement.
7th Circuit hears oral arguments regarding Indiana law prohibiting ‘human sexuality’ instruction in grades K-3
| IL Staff
The 7th Circuit Court of Appeals heard oral arguments Friday in a case involving an Indianapolis teacher who is seeking preliminary injunction against a new Indiana law that prohibits instruction on human sexuality in grades K-3.
IN Supreme Court reprimands attorney for failure to transmit form, money to federal immigration office
| IL Staff
The Indiana Supreme Court has publicly reprimanded a South Bend attorney after she failed to ensure a waiver form for an immigration case successfully reached the United States Citizenship and Immigration Services’s office.
Trial court erred in reinstating declaratory judgment after it was dismissed, COA rules in reversal
An Elkhart-based company failed to act within the time permitted under Indiana Trial Rule 60(B) and was not entitled to a trial court’s reinstatement of a declaratory judgement action, the Court of Appeals of Indiana ruled Monday in a reversal.
Insurance company not required to cover costs of replacing furnace refractory, 7th Circuit affirms
An insurer wasn’t responsible for indemnifying a Kendallville-based company for the cost of replacing an aluminum furnace refractory destroyed in an explosion, the 7th Circuit Court of Appeals ruled Friday in affirming a district court’s judgment .
IN Supreme Court suspends Portage attorney for failing to withdraw representation, engaging in misconduct
| IL Staff
The Indiana Supreme Court has ordered a Portage attorney to serve a 45-day suspension after he was found to have committed six violations of the state’s Professional Conduct Rules.
Senate leaders likely to seek quick dismissal of Mayorkas impeachment case
For the third time in five years, senators will be sworn in as jurors for an impeachment trial. But the chamber is expected to spend far less time on the charges against Homeland Security Secretary Alejandro Mayorkas than the ones brought against former President Donald Trump.
Donald Trump appeals $454 million judgment in New York civil fraud case
Donald Trump has appealed his $454 million New York civil fraud judgment, challenging a judge’s finding that Trump lied about his wealth as he grew the real estate empire that launched him to stardom and the presidency.
