Donnelly Calls For Delay In Kavanaugh Vote

By Dionte Coleman
TheStatehouseFile.com

INDIANAPOLIS – U.S. Sen. Joe Donnelly has called for the Senate Judiciary Committee to delay a vote on the confirmation of Court of Appeals Judge Brett Kavanaugh, who has been accused of a drunken assault on a young woman while he was in high school.

“The allegations made against Judge Kavanaugh are serious and merit further review. Given the nature of these allegations, and the number of outstanding questions, I believe the Judiciary Committee should hold off on Thursday’s scheduled vote,” Donnelly tweeted shortly after noon Monday.

The allegations against Kavanaugh came as the Judiciary Committee scheduled a vote for Thursday on his nomination to a lifetime appointment to the U.S. Supreme Court.

The woman, college professor Christine Blasey Ford, has said that Kavanaugh forced himself onto her at a house party when they were 15 and 17 respectively.

Ford, who initially wanted to remain anonymous, had written a letter to Sen. Dianne Feinstein, D-Calif., about the incident. But she decided to go public in an interview with The Washington Post over the weekend after information about her and the letter began trickling out.

In the interview, Ford said she remembered the night as Kavanaugh pinning her to a bed and attempting to remove her clothes while putting his hand over her mouth when she tried to scream.

“I thought he might inadvertently kill me,” Ford told reporters.

Kavanaugh issued a statement denying the allegation and said that he did not do that in high school or at any time.

Donnelly, a Democrat, is in a tight re-election fight against Republican Mike Braun. He has been targeted by the conservative group, the Judicial Crisis Network, which is spending $3.8 million in television advertisements to urge Donnelly and senators in several other states to support Kavanaugh’s nomination.

U.S. Sen. Todd Young, R-Indiana, could not be reached to comment on whether he thought the vote on Kavanaugh’s nomination should be delayed.

Kavanaugh, if confirmed, would replace Justice Anthony Kennedy, who retired from the high court at the end of the session in June.

Footnote: Dionte Coleman is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

We hope that today’s “IS IT TRUE ” will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?

IS IT TRUE last week we posted a link of the audit conducted by the Regional Inspectors General on the Evansville Housing Authority Corporation?  …we found it interesting that the EHA Executive Director Rick Moore challenged the majority of the findings cited in this extremely accurate audit? …we respectfully suggest that the EHA Board of Directors tell Mr. Moore to back off from challenging the results of this less than complimentary audit and spend his time correcting the question costs issues addressed in this audit?

IS IT TRUE we are told that last nights political fundraiser reception for Jeff Hatfield at the Evansville Brewhouse was a rousing financial success?  …that the Jeff Hatfield For Vanderburgh County Commission Committee raised over $40,000 for his campaign? …it’s obvious that Bob Jones, Warren Mathies, Bill Pedtke and Ben Shoulders understand how to encourage political movers and shakers in banking, home builders, attorneys, business, union trades, and influential Democrats and Republicans to attend and contribute to a big-ticket political fundraiser?

IS IT TRUE we have been told that when Mr. Hatfield files his campaign finance report sometime in October it will surely impress those in the political know?  …after all, said and done we wouldn’t be surprised if his campaign finance report will state that he has raised around $175, 000 for his campaign?

IS IT TRUE we are told that the Mayor and his first lady are planning another big-ticket fundraising event for Vanderburgh County Commission candidate Mike Duckworth (R) sometime in early October?  …we are told that the Mayor and his first lady are planning to pull all stops so they can raise around $30,000 towards Mr. Duckworth’s campaign?  …it looks like the Mayor and his bride are putting their political prestige on the line for Mike Duckworth?

IS IT TRUE that RESOLUTION C-2018–27 is being introduced by City Council members G. John Hayden (R) and Justin Elpers (R) will encourage that certain conditions to the proposed 2019 City of Evansville budget be met? …that the conditions are: 1. Five Hundred Thousand Dollars ($500,000) of public safety local income tax funds received in 2018 toward hospitalization debt in 2018 and 2. Five Hundred Thousand Dollars ($500,000) of LIT funds received in 2019 toward hospitalization debt in 2019?  …we can’t wait to see how members of the Winnecke Administration tries to kill this resolution?

IS IT TRUE that years ago that Tropicana agreed to pay the City $25,000,000 upfront to lease the Hoosier Lounge property plus additional lease payments over a ten year period?

IS IT TRUE that the above lease advance was to be paid to the City of Evansville in two installments amounting to $12,500,000 each?

IS IT TRUE that the first installment was paid to the City of Evansville in December of 2015 and the second installment was paid to the City when the Tropicana land-based casino opened?

IT IS TRUE that the original agreement between the Mayor’s office and City Council members was that Riverboat money’s was to be used to buy police cars, fire trucks, and other capital equipment to enhance public safety activities?

IT IS TRUE we been told that both prepaid lease payments paid to the City of Evansville by Tropicana-Evansville totaling $25,000,000 did not go into the Riverboat account but it was diverted by the City Controller into the City of Evansville General Operating fund account?

IS IT TRUE don’t be surprised to see if the Mayor will attempt to fund some kind of “feel good” or “fun and games” project at Robert’s Park during the 2019 budget year?

IS IT TRUE we are told that it would be a smart move if members of the mainstream media would look into the reason why the “Jacobsville Join In” North Main office was abruptly closed last month? …so far all we are hearing about this issues from the officials from the DMD and ECHO Housing Corporation are crickets?

Todays“Readers Poll” question is: What well-known individual would you like to see run for Evansville Mayor on the Democratic ticket in 2019?

If you would like to advertise on the CCO please contact us City-CountyObserver@live.com

Katie Stancombe for www.theindianalawyer.com

The 7^th Circuit Court of Appeals reinstated a claim filed by nearly 30 workers who argue a microwave popcorn plant failed to warn them of exposure during the manufacturing process to a butter flavor ingredient that has been linked to a disease known as “popcorn lung.”

The workers allege that exposure caused them to suffer from respiratory injuries related to the flavoring ingredient diacetyl while working at the ConAgra Snack Foods Group plant in Rensselaer. In Sept. 2017, Senior Judge Sarah Evans Barker granted summary judgment to the plant’s longtime supplier, Givaudan Flavors Corp., finding that the plaintiffs provided no expert testimony on the costs and benefits of a diacetyl-free butter flavor.

In Gregory Aregood, Jr. v. Givaudan Flavors Corporation, 17-3390, Givaudan faced several claims under Indiana product liability law for strict liability, failure to warn, negligence, and design defect. On appeal, the 7th Circuit Court found summary judgment for Givaudan to be proper on all counts, with the exception that the supplier failed to warn that its products contained a dangerous substance.

When inhaled, diacetyl can cause bronchiolitis obliterans or “popcorn lung” — the inflammation and obstruction of the smallest airways of the lungs. Symptoms include a dry cough, shortness of breath, wheezing, fatigue, and can lead to worse personal injuries.

On appeal, the employees focused on Givaudan’s manufacturing and supply of butter flavorings, its accompanying material safety data sheets, and the lack of warnings that the flavorings contained diacetyl. In order to show that the butter flavorings were defective under the Indiana Product Liability Act and to prevail on their failure to warn claim, the 7^th Circuit noted the plaintiffs needed show Givaudan had a duty to adequately warn about a latent dangerous characteristic. The 7^th Circuit found that the supplier failed to warn in that regard.

The 7^th Circuit also found that a jury could reasonably conclude that Givaudan knew of diacetyl’s dangers after several cases of bronchiolitis obliterans in the 1990s, as well as the need to protect its own employees and the users of its products.

“Viewing the evidence in the employees’ favor, and drawing justifiable inferences for them, a reasonable jury could conclude that Givaudan failed to discharge its duty to warn the plaintiff employees on the dangers of diacetyl,” the court concluded. “Thus, summary judgment should not have been granted to Givaudan on plaintiffs’ failure to warn claim.”

This fall, for the second consecutive year, the University of Southern Indiana welcomed a record number of graduate students to the University. Overall graduate enrollment stands at 1,449—an 11% increase over the previous year and following on the heels of a 22.5% increase the prior year. USI currently offers 13 master’s programs and two doctoral programs.

“We continue to develop academic programs that are relevant and remain responsive to not only our local and regional communities, but our international audiences as well,” said Dr. Ronald S. Rochon, president. “I’m excited by the possibilities that the success of our graduate programs offer. As we look to the future, we will continue to evaluate how we can best serve this growing and important segment of our campus community.”

The growth in graduate enrollment spans many of USI’s graduate programs, including a variety of concentration areas in the accelerated MBA program, accelerated 4+1 degrees in select areas, as well as full-time programs offered through all four of USI’s colleges.

“We continue to build on the successes we have seen across our graduate offerings,” said Dr. Mayola Rowser, director of Graduate Studies. “We are excited about new offerings like our recently launched Doctor of Education (EdD) as well as new formats for delivery that make our programs accessible to everyone, including busy working adults.”

USI also welcomes another strong freshmen class. As part of the 1,656 first-time-in-college students at USI this fall, the freshman class boasts an increased high school GPA of 3.39 on a 4.0 scale. “As we continue to focus on providing a quality education and adhering to a standard of excellence, we’ve seen a direct correlation in the caliber of students we are attracting to this University,” said Rochon.

Total USI enrollment remains steady for the 2018 fall semester at 11,021 which includes students in undergraduate and graduate degree programs and 2,059 students enrolled in USI’s College Achievement Program (CAP) classes in 29 high schools across Indiana. CAP has a long tradition of successfully enabling many students to graduate college in four years or less. Transfer enrollment was up this year at 519 students, a 4% increase over last year.

Students at USI represent 90 Indiana counties, 40 states and 70 countries. Out of state enrollment, including international students, makes up 18.5% of the student population, and minority and international students comprise more than 14%.