Zionsville mayor files suit, seeks to clear up her power to demote department heads
Zionsville Mayor Emily Styron filed a lawsuit Tuesday that should determine whether the town’s council can keep her from demoting the fire department’s chief.
Courts
Articles
Bill extending full faith and credit to tribal orders heads to full Senate
A bill to extend full faith and credit to tribal court orders from the Pokagon Band of Potawatomi Indians is headed to the Indiana Senate after a committee gave unanimous support to the legislation.
Breyer mum as some liberals urge him to quit Supreme Court
With spring comes the start of the period in which many justices have announced their retirement from the United States Supreme Court. Some progressives say it is time for Justice Stephen Breyer to go, without delay. Other liberal voices have said Breyer, the oldest justice, should retire when the court finishes its work for the term, usually by early summer.
Jones: Pardon me? Can you deny a presidential pardon or commutation?
Though most of us might strain ourselves thinking of a reason why one might refuse a pardon or a commutation, multiple individuals have attempted to reject a pardon or commutation, providing both interesting stories and a strange, potential check on the executive.
DOC secrets remain after justices rule for disclosure
Despite a ruling in her favor from the Indiana Supreme Court capping her years-long quest to find out how the state of Indiana might carry out an execution, Washington, D.C., attorney Katherine Toomey was still waiting for answers two weeks later.
Election bills tweaking Indiana voting laws
Compared to the battles surrounding voting bills in states such as Iowa and Georgia, the six bills that are moving through the Indiana General Assembly appear to be making rather mild tweaks to Hoosier election laws rather than attempting a controversial overhaul.
Smith: Your old noncompete form agreement may miss the mark
Cases over the past two decades have eroded the enforceability of certain noncompete agreement terms (aka restrictive covenants). Thus, a standard form noncompete agreement drafted in the 1990s may not withstand a court challenge if used today.
Employment lawyers expect businesses to impose new restrictions on remote workers
While in the post-pandemic world employees may still be able to spend at least a few days each month working in their pajamas, they will likely encounter more requirements, mandates and restrictions when doing so.
DTCI: COVID views may be crucial in post-pandemic jury selection
Post-pandemic, jury selection will change, the panel’s makeup may change and the individual potential juror’s responses to questions on the topic of COVID-19 might provide additional insight on the juror’s predilections.
Maley: Recurring removal issues show numerous pitfalls
Removal from state court to federal court is a routine aspect of federal court practice, though one fraught with procedural pitfalls. Federal judges in Indiana frequently address removal issues, yet errors continue.
3 finalists named for Allen County judicial position
The Allen Superior Court Judicial Nominating Commission announced Monday the three judicial officers are finalists to fill an upcoming vacancy due to Judge Charles F. Pratt’s pending retirement.
7th Circuit vacates judgment for debt collector lack of jurisdiction
A woman who claimed “stress and confusion” as injuries after she was contacted by a debt collector without her permission could not convince the 7th Circuit Court of Appeals that the company had violated the Fair Debt Collection Practices Act.
Appellate panel reverses, reinstates grandson’s will contest
A will contest between a man’s daughter and his grandson will continue in Huntington Circuit Court after the Indiana Court of Appeals determined the trial court erred in granting summary judgment to the daughter.
In 3-2 split, justices deny woman’s self-defense claim in murder
An Indianapolis woman who was convicted of murder after her manslaughter plea was rejected when she claimed self-defense could not persuade a majority of the Indiana Supreme Court last week to hear her appeal.
Judge OKs 3rd-degree murder charge for ex-cop in George Floyd death
A judge on Thursday granted prosecutors’ request to add a third-degree murder charge against a former Minneapolis police officer charged in George Floyd’s death, a move that offers jurors an additional option for conviction and finally resolves an issue that might have delayed his trial for months.
Ex-wife loses appeal in property, contempt dispute
A woman who sought to hold her ex-husband in contempt for failing to sell or refinance their family home has lost her appeal of the contempt denial, with the Indiana Court of Appeals noting the woman repeatedly “thwarted” the man’s attempts to comply with their dissolution agreement.
COA splits on whether email was contract between apartment owner, vendor
A settlement offer received via email between a former apartment owner and a service vendor was an enforceable contract, a majority of the Indiana Court of Appeals has affirmed. A dissenting judge, however, would reverse the order requiring the parties to be bound by the terms of a March 2016 email exchange.
Indy TV station loses public records dispute against Hamilton Southeastern schools
A Hamilton County school district fulfilled its public disclosure duties when it provided information about a suspended employee’s discipline and personnel history, even though the district did not provide specific personnel records, the Indiana Court of Appeals has ruled. The appellate court used its Wednesday decision to call on the Indiana General Assembly to provide more clarity in how public agencies should respond to public records requests.
SCOTUS rejects Indy lawyer’s Trump election lawsuit
An Indianapolis law firm’s suit seeking to overturn the results of the Wisconsin election on behalf of former President Donald Trump was rejected Monday by the United States Supreme Court, putting an end to the challenge.
Justices vacate judge’s recent orders in case alleging law firm estate theft
The Indiana Supreme Court on Friday vacated orders of a trial court judge in a case involving a former law firm’s alleged theft from an estate. The case brought by a Jasper County charity that claims it was defrauded of a bequest is proceeding before a new judge.