Indiana Court Decisions – Aug. 13-26, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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DTCI: 3 insights for retaining and supporting women lawyers
I genuinely believe that law firms and organizations are committed to retaining and supporting women. To that end, I offer the following insight to individuals seeking to support the success of their women colleagues.
Sugarman and Thomas: Nonstick coating emerging as a sticky regulatory problem
The United States Environmental Protection Agency (“EPA”) has identified PFAS as an “emerging contaminant.” The agency has released two peer-reviewed documents addressing health impacts posed by the chemicals. EPA also listed PFOA and PFOS on its Contaminant Candidate List (CCL) — which means they are now subject to regulatory decision making and information collection.
Hammerle on … Court humor: The sequel
I thought I would revisit a few court stories that hopefully you will find a bit amusing. Good grief, maybe we can laugh our way out of this lousy pandemic shutdown.
Gardner: Unsettled waters: Revisions to the waters of the U.S. rule
On June 22, the Trump administration’s new Navigable Waters Protection Rule went into effect and was immediately subject to multiple legal challenges throughout the country. The Navigable Waters Protection Rule is likely to have far-reaching impacts on the development and use of land across the United States.
IndyBar: Rising from the Shadows: The Importance of Mentorship During a Pandemic
The strength of our Indianapolis legal community has always been the pipeline of dedicated senior lawyers and law school alumni who invest deeply in our young lawyers to provide them with a guiding light. Your weapon to fight the ill effects of COVID-19 is an iron-willed commitment to mentorship.
Knox County judges granted emergency relief
The Indiana Supreme Court is enabling Knox County courts to call upon senior judges and local judges pro tempore to fill the vacancy created by the sudden death of Judge Ryan Johanningsmeier.
Over Indiana’s opposition, pace accelerated for no-excuse absentee balloting case
The 7th Circuit Court of Appeals has granted a motion to expedite the appeal of the challenge to the state’s restrictions on absentee balloting, rejecting Indiana’s request to pump the brakes.
National Guard helps operate Indiana prison amid COVID-19
National Guard units are helping operate a northern Indiana prison that’s faced with staffing shortages after several prison workers were stricken with COVID-19.
Weissmann selected to succeed Baker on Indiana Court of Appeals
Southern Indiana practitioner Leanna Weissmann will be the next Indiana Court of Appeals judge, Gov. Eric Holcomb has announced. Weissmann succeeds now-Senior Judge John Baker, who retired from the bench this summer as the longest-serving judge in Indiana.
Tax Court partially reverses tax board’s dismissal of HOAs’ common area claims
A final decision by the Indiana Board of Tax Review that dismissed claims from three homeowners associations was partially reversed by the Indiana Tax Court in a Monday decision.
Indiana, other states seeking SCOTUS amici status in COVID-19 chemical abortion case
The office of Indiana Attorney General Curtis Hill is asking the United States Supreme Court for permission to intervene in abortion litigation seeking to uphold chemical abortion procedures during the COVID-19 pandemic.
IPL to pay $1.5M fine to settle Petersburg pollution issues
Indianapolis Power & Light Co. has agreed to pay about $1.5 million in penalties to settle longstanding pollution issues at its huge Petersburg Generating Station.
3 sentenced in Vanderburgh Co. for roles in death of a disabled woman
A southwestern Indiana woman, her daughter and husband were sentenced Monday for their roles in the death of a disabled Virginia woman whose body was found buried beneath a garage.
House to subpoena postmaster general over mail delays
The House Oversight Committee intends to subpoena Postmaster General Louis DeJoy for documents about disruptions in mail delivery operations that are now central to questions over the ability to handle an onslaught of mail-in ballots expected for the November election.
Three nominees selected for Allen Superior Court judicial vacancy
The Allen Superior Court Judicial Nominating Commission has announced the names of three finalists selected Monday for a judicial vacancy that will occur in January 2021.
In Anthem-Cigna ‘soap opera,’ judge hands damages to neither
A Delaware judge rebuffed efforts by both Cigna Corp. and Anthem Inc. to collect billions over their failed merger, saying Cigna had breached its obligations but the merger was likely to have been blocked on antitrust grounds anyway.
Intimidation conviction upheld for man who threatened officer on YouTube
A man convicted of intimidation after posting a threatening video meant for a police officer did not convince the Indiana Court of Appeals on Monday that his jury panel was unfair or that his conviction should be overturned.
Appeals court reverses suppression of evidence in stolen gun case
The grant of a motion to suppress all evidence found in a man’s home during a search by police has been reversed, with the Indiana Court of Appeals finding a reasonable probability for law enforcement to believe that a stolen gun would be there.
COA reverses summary judgment denial in patient negligence, wrongful death suit
The Indiana Court of Appeals has reversed the denial of partial summary judgment in a wrongful death case brought by the estate of a woman killed while in the care of a professional health care group.