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AG Curtis Hill Urges U.S. Supreme Court To Preserve States’ Ability To Sue Pharmaceutical Manufacturers

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Attorney General Curtis Hill this month joined a bipartisan group of 23 state attorneys general in urging the U.S. Supreme Court to uphold states’ ability to sue pharmaceutical manufacturers when they mislead consumers about the potential side effects of their products.

In an amicus brief filed Nov. 21 in the U.S. Supreme Court, Attorney General Hill and his counterparts argue that Merck, a pharmaceutical company, can be held liable under state law for misleading and misrepresenting the side effects of their drug Fosamax.

“Protecting Hoosier consumers is a major focal point of our office,” General Hill said. “We trust and expect that the highest court in the land will uphold the constitutional authority of Indiana and other states in this regard.”

The 14-state coalition filed an amicus brief in Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290, arguing that if the Supreme Court sides with Merck, it will hinder states’ ability to take legal action against a pharmaceutical manufacturer for misleading and misrepresenting its products. Additionally, the attorneys general argue that Merck may be held liable under state law even if it is not liable under federal law.

After suffering from a specific type of fracture, hundreds of Fosamax users filed personal injury lawsuits against Merck, alleging that it did not warn consumers about the risk of these specific fractures. Merck claims that, because the FDA did not approve a warning label for a different type of fracture, it is not liable under state law.

The Brief Argues The Following Points:

  • The Constitution gives the states or the people all powers that are not specifically delegated to the federal government.
  • States have long regulated drug labeling and the duty to warn both physicians and patients about emerging safety risks. This authority, which predates the beginning of federal drug regulations, must be upheld by the Court.
  • Merck’s argument would break precedent in the balance between state and federal regulations, especially with regard to consumer protection.

Amy Grant Victory Theatre – THURSDAY, MAY 2, 2019 AT 7:00 PM

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Amy Grant
Victory Theatre – THURSDAY, MAY 2, 2019 AT 7:00 PM

TICKETS GO ON SALE FRIDAY, DECEMBER 7 AT 10 AM

Evansville, IN– Amy Grant will be coming to Evansville, IN and performing at the Victory Theatre on Thursday, May 2nd at 7:00pm. Tickets start at $35.00 and go on sale Friday, December 7th at 10 AM.

Conventional wisdom has it that Amy Grant put Contemporary Christian Music on the map, becoming the first CCM artist to have a platinum record, the first to hit No. 1 on the Pop charts, and the first to perform at the GRAMMY Awards. Since then, Grant has been strumming her way through a 30-plus year adventure as a singer-songwriter, author, television host and speaker.

Early on, Grant’s iconic voice became instantly recognizable in both the Christian and pop worlds, some even dubbing her the “Queen of Christian Pop.” Over the years, she has sold more than 30 million albums worldwide, including three multi- platinum, six platinum, and four gold. Her chart performance has also been consistent throughout her career, boasting sixNo. 1 hits, 10 “Top 40” pop singles, 17 “Top 40” adult contemporary tracks and multiple contemporary Christian charttoppers. In recognition of such success, Grant has received 6 GRAMMY Awards and 26 Dove Awards, a star on the

Hollywood Walk of Fame, and a star on the Music City Walk of Fame. Additionally, she was most recently inducted into the Gospel Music Hall of Fame in Nashville.

Stepping out from behind her guitar, Grant found herself hosting the NBC prime time series “Three Wishes” in 2005,bringing her into millions of living rooms across America every Friday night. The people she met and stories she collectedproved to be great inspiration for creating new music and even writing a book. Two years later, Grant’s first book, Mosaic:Pieces of My Life So Far, was published. She continues to share her stories with audiences all over the country as a keynote and inspirational speaker.

In April 2016, Grant celebrated the 25th anniversary of her first pop hit, “Baby Baby”, with a worldwide release of a newversion of the song featuring pop sensation and fellow Capitol Music Group recording artist Tori Kelly. Growing her wildlypopular Christmas brand, Grant then released “Tennessee Christmas” in October 2016, her first all-new Christmas album in nearly twenty years. She looks forward to national arena symphony Christmas tours each November and December with long-time friend Michael W. Smith, as well as an annual Christmas residency at the world-famous Ryman Auditorium in Nashville with country superstar husband Vince Gill.

Grant resides with her family in Nashville, Tennessee, and is widely known for her philanthropy and tireless involvement in local causes and charitable organizations. Her own organization, The Helping Hands Foundation, has afforded her the opportunity to identify needs around her and the resources to help meet them, which has proven to be the sweetest reward of all.

Pitch Competition Open To Hoosier Students

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Applications are now open for the 2019 Innovate WithIN pitch competition, which encourages Hoosier high school students to create their own business plans and showcase their entrepreneurial ideas.
Students across the state can work individually or in groups to submit an innovative idea for a business, product, service or venture. The submissions will be judged, and students will receive feedback on their ideas from experienced professionals.
The statewide competition is split into nine regions based on school districts, and students compete against others in their area for the chance to pitch at the state level. The overall winners will each receive a $10,000 cash prize, $10,000 toward one year of in-state college tuition, internship opportunities and mentoring services.To apply, students must register online and submit a video pitch before the Feb. 6 deadline. To learn more about the competition, watch last year’s winning pitches, and find tips on how to prepare, visit innovatewithin.org.

Pet Therapy Welcome Relief For IU McKinney Students

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Katie Stancombe for www.theindianalawyer.com

Indiana University Robert H. McKinney School of Law students headed to the library for final exam cramming were met with a pleasant surprise Wednesday when several furry, four-footed friends greeted them at the door.

The law school hosted its fall exam stress-relief day at the Ruth Lilly Law Library, including fun activities and games, as well as pet therapy. Since 2012 the school has welcomed therapy animals and their owners to lighten the heavy load of stress on its students’ shoulders.

Daily1128Pets-15colKitty Stephens of the Ruth Lilly Law Library hugs JLAP therapy dog Judge Wednesday during IU McKinney’s exam stress relief day. (IL photo/Katie Stancombe)

Dogs and cats visited with students throughout the day, representing organizations ICAN, Love on a Leash, Healing Paws and the Indiana Judges and Lawyers Assistance Program.Bright and early, a fluffy grey Maine Coon cat named Mischa sat perched in the library’s window, observing passersby. Her owner, JLAP representative Kari Morrigan, said this was Mischa’s second appearance at the school’s stress relief day. People are drawn to her because of her tufted ears and distinctive appearance, she said.

Mischa has also helped Morrigan while she facilitates a bar exam survival group for those who have not yet successfully passed. She said events like these are great opportunities to engage with students and inform them about the options available to them for support during school.

“What we’re offering is stress relief, and so for us, it’s also like ‘Hey, JLAP is available for students,’ which not all schools or students even realize,” she said.  “So we get them talking, and they want to pet the cat, so they’ll talk to us.”

While visiting a similar stress-relief event at Valparaiso Law School, Morrigan said some students stayed with Mischa so long that they began to open up about their concerns and struggles.

“That’s a really stressed-out group of students up there,” Morrigan said. “So it was really awesome to watch them interact with her. One student said, ‘I’m allergic but I can’t help it’ and she held onto Mischa for probably 15 minutes.”

In another room, Judge, a 4-year-old German Shepherd-Malinois mix greeted students with nose budges and a wagging tail. Owner and IU McKinney graduate Ashley Hart said Judge served as her own sort of therapy dog during her law school experience.

“He’s been here with me all through applying to law school, being in law school, bar prep and the bar,” she said. “We’re really excited to be with JLAP and bring some joy to the students.”

With his new therapy dog certification and JLAP vest, Judge made his first appearance at Wednesday’s event. Hart said he’s still learning the ropes, but Judge had no trouble making every visitor he met smile.

WHY?

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WHY?

GAVEL GAMUT By Jim Redwine

Surprisingly to me some people actually read last week’s column about a memorial to justice on the courthouse campus. There were telephone calls, personal inquiries and Facebook posts. Thank you everyone! It speaks well for Posey County that people today are taking an interest in recognizing a terrible injustice that previous Posey County citizens committed and perpetuated by silence over one hundred years ago.

I have been a citizen of this fair county since 1976 and have been deeply involved in our legal system. From 1976-79 I served as the Chief Deputy Prosecuting Attorney, from 1979-80 as County Attorney to the Board of Commissioners, from 1976-81 as a practicing attorney, from 1981-83 as judge in what was then the Posey County Court (now the Posey Superior Court) and from 1983 to 2019 as the Posey Circuit Court Judge. And while I will retire as a full-time judge December 31, 2018, the Indiana Supreme Court has appointed me as a Senior Judge for 2019. In other words, I have had and have some responsibility for aiding in the administration of justice in Posey County.

Therefore, I believe it is my duty to help seek justice, at least in memory, for the seven men who were murdered during one week in October 1878. The murderers included two hundred white Posey County men who were aided by the silent complicity of the rest of our citizens. Since I first found out about these murders I have spoken and written about the events. The following is the Preface of my historical novel JUDGE LYNCH! that was published in July 2008.

PREFACE

On March 14, 1990, I spoke to the Posey County Coterie Literary Society in the courtroom of the Posey Circuit Court in Mt. Vernon, Indiana. As a thank you, the Society presented me with William P. Leonard’s History and Directory of Posey County (182. The presentation was made by the Society’s President, Ilse Horacek. I read the book the following weekend and was struck by three brief paragraphs found at page 101:

“Annie McCool, a white prostitute, was murdered at Mt. Vernon, by some unknown person, in September, 1878. Her murderer was supposed to have been a negro paramour.  Daniel Harris, a negro, on October 11, 1878, shot and killed Cyrus Oscar Thomas, a son of Geo. W. Thomas, Esq., of Mt. Vernon, while the latter was in discharge of his duty as Deputy Sheriff. Harris was indicted by the grand jury at the October term of the Circuit Court in 1878, and at the August term of that court in 1881, the prosecutor, William H. Gudgel, entered a nolle prosequi.

It is supposed by some and denied by others that Harris was murdered by the friends of his victim who disposed of his body by means which will forever leave its whereabouts a mystery.  James Good, Jeff Hopkins, Wm. Chambers and Edward Warner, all colored, were hanged October 12, 1878, by a body of unknown men, from trees in the Public Square, at Mt. Vernon for murders and other heinous acts committed by them during that year.”

I could not find any further description of these events that had occurred right outside my court chambers so I contacted Ilse who brought me a copy of the Western Star newspaper of October 17, 1878, that she had pieced together from the microfilm records stored at the Alexandrian Public Library in Mt. Vernon.

As a German child during World War II, Ilse observed firsthand the denial of civil rights by those in power. After marrying a soldier from Posey County whom she met in Germany, Ilse made her home in

Mt. Vernon and has always been vigilant in the cause of equal justice for all. Ilse pointed me to other sources for more information. 

One thing that I personally observed was the four old hangman’s nooses that are still on display at the Posey County Jail. On May 21, 1992, I took those nooses to be props for a speech I had been asked to give on the 1991 Rodney King police brutality case to our local Kiwanis Club. The reaction of the crowd of business and professional leaders to my comparison of the 1991 case in Los Angeles to the 1878 lynchings in Posey County was a surprise to me. That is when I began in earnest to search through the old court records in the courthouse catacombs and the Indiana State Archives. 

I have also written about the events of October 1878 several times over the last few years in my weekly column, “Gavel Gamut”. The column appears in our three Posey County newspapers, The Mt. Vernon Democrat, The Posey County News, and the recently revived Western Star as well as The Carmi Times in Illinois.

Each October for the past three years I have reprised the murders and the cover-up. On numerous occasions I have solicited family diaries or records, such as a copy of the photograph Glenn and Kenneth Curtis saw in the 1950’s. Perhaps this book may help bring out more facts.

The Harrison family is often referred to in news accounts and even court records as Harris. For the sake of consistency, Harrison is used throughout this book. 

Much of this novel is rooted in fact. But, because many in the white community of 1878 had good reason to avoid exposure and many in the black community were driven out, I have taken poetic license to tell the story and call for such atonement as may be possible.

Jim Redwine, May 2008

That is WHY. Why NOW you might ask? Because there has been no atonement, no recognition, no justice and no memorial for 140 years. The time is now.

!

Want to read other Gavel Gamut articles? Go to www.jamesmredwine.com

Or “Like” us on Facebook at JPegRanchBooksandKnitting

Gov. Holcomb Names McDonald As New Executive Director Of The Indiana Criminal Justice Institute

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Gov. Eric J. Holcomb announced that Devon McDonald will serve as the next executive director of the Indiana Criminal Justice Institute (ICJI) upon current Executive Director David Murtaugh’s retirement.

“David Murtaugh has been a lifelong public servant to his local community, state, and nation,” Gov. Holcomb said. “I want to thank Dave for his distinguished career of sacrifice and dedication to criminal justice.”

Gov. Holcomb nominated McDonald and Friday, the ICJI Board of Trustees approved his nomination.

In 2012, McDonald started his career at ICJI as a victim compensation supervisor and currently serves as chief of staff and general counsel.

McDonald earned a Bachelor of Science from IUPUI and a law degree from Indiana University McKinney School of Law. Prior to entering law school, Devon served in the U.S. Army where he earned multiple awards for outstanding achievement.

 

 

Food Inspection Reports For Vanderburgh County

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Food Inspection Reports 11-29-18

Men’s basketball faces Albion on Saturday afternoon

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Aces looking to move above .500

Home play continues for the University of Evansville men’s basketball team as the Purple Aces will play host to Albion on Saturday afternoon in a 1 p.m. game at the Ford Center.  Albion is a Division III school from Albion, Michigan; they are located just over 50 miles west of Detroit.

 

“We have to really be prepared to play anybody, right now it does not matter if it is Albion, Wyoming or Ball State, we have to play at a certain standard,” Aces head coach Walter McCarty said.  “It is about how we play and how we are approaching the game.”

 

“Albion has a lot of guards that are aggressive and can get into the paint.  They shoot the ball really well from behind the arc; I think people will be really surprised with just how well they can shoot,” he added.

 

Last Time Out

– UE led in the first half by as many as 15 points against Wyoming, but the Cowboys came back to take the lead in the second half before the Aces held on for the 86-78 win

– The defense for Evansville forced UW to miss its first seven shots of the game

– Evansville pushed its lead to 24-9 before heading to the break leading 33-24

– Wyoming hit 59.4% of its shots in the second half and rallied back to take a 61-60 lead; the lead changed hands eight times in the final minutes

– Shamar Givance knocked down a huge triple with 1:30 left that gave the Aces a two possession lead for good

– John Hall’s first double-double keyed the win; he had a career-high 21 points and added 11 boards

– Justin James led Wyoming with 34 points; it was the highest total by an opponent in Ford Center history

 

Takeaways from Wyoming

– Hall’s 21-point effort marked the third time in six games this year that he has reset his career scoring mark

– Givance’s 12-point game was his top mark

– After allowing 16 rebounds in the loss at Ball State, the Aces gave up just four to the Cowboys

– UE’s 27 3-point attempts was the most for the team inside the Ford Center

– Dainius Chatkevicius scored 10 points in nine minutes before fouling out

– A total of 4,709 fans were in attendance; it is the first time the Aces have had at least 4,400 fans in its first three home games in the history of the Ford Center

– Noah Frederking scored 17 points to lead the UE bench; Evansville’s bench outscored its Wyoming counterparts, 44-16

 

King of the Hill

– The hot streak continued for Noah Frederking as he scored 17 points against Wyoming; he connected on six out of nine attempts

– Over his last four games, Frederking is averaging 15.5 points per game

– In the Nov. 15 win over Kentucky Wesleyan, Frederking set his career scoring mark with 26; in the first half alone, he matched his previous high of 19 points; he drained 9 of his 14 attempts

– His previous career high of 19 came last season against Midway

– Frederking has hit 12 of his last 24 3-point attempts

– He is also doing well inside the arc, hitting 13 out of 19 attempts on the season

 

Third Time is the Charm

– Resetting his career scoring mark has become a habit for John Hall, who did so for the third time this season against Wyoming

– Hall finished with a career-high 21 points while adding 11 rebounds against the Cowboys en route to his first double-double

– He is the #4 rebounder in the MVC with 7.5 per game; he is averaging 10 boards in his last three games

As a redshirt freshman last season, Hall scored 7 or more points just four times; so far this year – he is a perfect 6-for-6

– Prior to the Wyoming game, Hall’s top effort of 13 points came against Kentucky Wesleyan, that came just a few days after posting 12 at Xavier

– He had a career-high 12 rebounds against Texas Southern

– Hall attempted a total of six triples a season ago, he has already taken 22 treys in the first six games

– Inside the arc, Hall has drained 11 of his last 14 tries

 

Scouting the Opponent

– Albion comes to Evansville for its first-ever game against the Aces with a 4-1 record

– The Britons are led by Jamezell Davis, who is averaging 16.8 points per game

– Davis is a 51.7% shooter overall and leads the team with 11 3-point makes

– Caden Ebeling and Milton Barnes check in with 11.2 and 10.0 points, respectively

– Last time out, the Britons defeated Heidelberg, 97-85; Davis scored 31 points in the triumph

 

University of Evansville Indoor Track Preview release

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The University of Evansville Indoor Track team begins it’s second season since returning to competition at the UIndy Opener meet in Indianapolis, Saturday, beginning at 11 am Eastern time.  Head Coach Don Walters returns a squad that achieved several successes in their first season back a year ago. Among the schools participating in the meet include host team Indianapolis, Bellarmine, Transylvania,DePauw, Wabash, Earlham, Trine and Indiana University-East.

On the men’s side, the Aces have several team record breakers, including sophomore runner Aaron Straight (200 Meter), senior thrower Ryan Freeman (Shotput, 35 lb. Throw) and sophomore pole vaulter Ian Alberts. On the women’s side, coming off their their first season of existence, feature several top returning athletes, including sophomore runners Anna Lowry, Nikki Hutchcraft and Lauren Meyer, as well as senior runners Sienna Crews and Tess Hupe. In the field, sophomore thrower Brittany Corley and sophomore jumper Lizzy Watson return, as well.

ADOPT A PET

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Marshmallow is one of the VHS’ longest residents! She’s a beautiful female tuxedo cat who has been waiting on a home since April. She lives in the Cageless Cat Loung which means she does very well with other cats, but for some reason she’s continually overlooked. She’s spayed, microchipped, and ready to go home today for $40. Contact Vanderburgh Humane at (812) 426-2563 for details!

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