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SummerSong: a city-wide music event
Breaking News: Judge Blocks Indiana Abortion Law
A federal judge has issued a preliminary injunction blocking Indiana’s restrictive new abortion law from taking effect Friday.
Judge Tanya Walton Pratt issued a 31-page order in favor of Planned Parenthood of Indiana and Kentucky, which sought to block House Enrolled Act 1337.
The law signed by Gov. Mike Pence this year would have prohibited abortions because of genetic abnormality, race, sex or ancestry, and would mandate disposal of an aborted fetus only through burial or cremation. Before its passage, opponents warned the bill raised an unconstitutional burden to the right to abortion and that its enactment would be met with a federal lawsuit.
Pratt wrote Planned Parenthood “has clearly demonstrated that the anti-discrimination provisions and the information dissemination provision should be enjoined pending resolution of this litigation. It is likely to succeed on the merits of its challenges to these provisions as the anti-discrimination provisions directly contravene well-established law that precludes a state from prohibiting a woman from electing to have an abortion prior to fetal viability. Similarly, the information dissemination provision is likely unconstitutional as it requires abortion providers to convey false information regarding the anti-discrimination provisions to their patients. PPINK faces irreparable harm of a significantly greater magnitude if these provisions are not enjoined than that faced by the State.
“Second, PPINK has persuasively shown that the fetal tissue disposition provisions do not further a legitimate state interest and thus are likely unconstitutional. This, when combined with the fact that the balance of harms weighs slightly in PPINK’s favor, leads to the conclusion that PPINK is also entitled to an injunction with respect to these provisions.â€
This story will be updated.
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TEAM EFFORT LEADS TO OTTERS WIN
 The Evansville Otters emerged victorious by a score of 8-1 against the Windy City Thunderbolts on Wednesday night at Bosse Field. Evansville managed to pound out thirteen hits offensively, while showcasing dominant pitching for the second straight evening. Astonishingly, the Otters pitching didn’t get off to a good start after Evansville right-hander, Preston Olson, was yanked after just one inning pitched. The Thunderbolts snatched an early 1-0 lead in the first following an RBI double to the deepest part of the ballpark. However, it was all Otters after that brief hiccup as Evansville would go on to tie the contest in the third behind a double by Julio Rodriguez and an RBI groundout from player of the game, John Schultz. Schultz would finish the game 3-5, with the lone RBI. The runs would keep piling on in the fourth following four Otter hits and a three run outburst to bring the score to 4-1. After three consecutive men reached base, Evansville would tack on additional runs in the fifth when Nik Balog lofted a shallow fly ball to left that was misplayed by Windy City, and a bases juiced walk from Christopher Riopedre that bolstered the Otter lead 6-1. The Otters would pepper two more hits in the sixth to take a commanding 7-1 advantage. Evansville’s run parade would remarkably continue for the fifth straight inning succeeding a majestic double by Rodriguez that banged off of the left field wall with a runner on base. Both respective teams would go down quietly over the last two innings.
Looking ahead, Evansville will wrap up a three game home stand tomorrow against the Windy City Thunderbolts, with first pitch scheduled for 6:35 pm CDT. Tickets are available at www.evansvilleotters.com or by calling 812-435-8686 ext 21.
THURSDAY “READERS FORUM”
WHAT’S ON YOUR MIND TODAY?
“IS IT TRUE†will be posted on this coming Thursday.
Todays READERS POLL question is: DO you feel that Evansville City Council is transparent?
Please take time and read our newest feature articles entitled “HOT JOBS†and “LOCAL SPORTS†posted in our sections.
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Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistribute
AG Zoeller: 6,638 Hoosiers Eligible For Compensation As Part Of Settlements With Volkswagen Over Emissions Fraud
Total Restitution To Indiana Customers Could Reach $66 Million
INDIANAPOLIS, Ind. – Indiana Attorney General Greg Zoeller today announced that an estimated 6,638 Volkswagen customers in Indiana will be eligible for monetary compensation and the option to have their vehicles bought back or modified to reduce emissions, as part of a joint state and federal agreement reached with the company over allegations of emissions fraud in its diesel engine vehicles.
In total, restitution to Indiana customers could reach $66 million.
This agreement is part of a series of state and federal settlements that will provide cash payments to affected consumers, require Volkswagen to buy back or modify certain VW and Audi 2.0-liter diesel vehicles, and prohibit Volkswagen from engaging in future unfair or deceptive acts and practices in its dealings with consumers and regulators.
The agreement also requires Volkswagen to pay almost $570 million for violating states’ law prohibiting unfair or deceptive trade practices when it marketed, sold and leased diesel vehicles equipped with “defeat device†software. This illegal and undisclosed software was intended to circumvent air pollution emissions standards.
“Volkswagen deceived customers by misrepresenting its diesel vehicles’ emissions and advertising its cars as meeting ‘green’ and ‘environmentally friendly’ standards,†Zoeller said. “People paid a premium for a benefit they simply did not receive. In our efforts to protect consumers, attorneys general have ensured Volkswagen will pay for its misrepresentations and compensate its customers to right this wrong.â€
Today’s coordinated settlements resolve consumer protection claims raised against Volkswagen by a multistate coalition of 37 state attorneys general, the United States Environmental Protection Agency (EPA), the Department of Justice (DOJ), the Federal Trade Commission (FTC) and car owners in private class action lawsuits.
The attorneys generals’ investigation confirmed that Volkswagen sold more than 570,000 2.0- and 3.0-liter diesel vehicles in the United States equipped with “defeat device†software and actively concealed the existence of the defeat device from regulators and the public. Volkswagen made false statements to consumers in their marketing and advertising, misrepresenting the cars as being environmentally friendly or “green†and that the cars were compliant with federal and state emissions standards, when in fact Volkswagen knew the vehicles emitted harmful oxides of nitrogen (NOx) at rates many times higher than the law permitted.
Under the settlements, Volkswagen is required to implement a restitution and recall program for more than 475,000 owners and lessees of 2.0-liter diesel vehicles, of the model year 2009 through 2015 listed in the chart below, at a maximum cost of just over $10 billion. This includes 6,638 vehicles in Indiana.
Once the consumer program is approved by the court, affected Volkswagen owners will receive a restitution payment of at least $5,100 and a choice between:
- A buy back of the vehicle (based on pre-scandal NADA value); or
- A modification to reduce NOx emissions provided that Volkswagen can develop a modification acceptable to regulators. Owners will still be eligible to choose a buyback in the event regulators do not approve a pollution-control fix. Owners who choose the modification option would also receive an Extended Emission Warranty; and a Lemon Law-type remedy to protect against the possibility that the modification causes subsequent problems.
Based on 6,638 total eligible Indiana vehicles, Indiana consumer restitution will total between $34 million and $66 million, depending on the value of the respective vehicles. VW will pay this amount in addition to any buyback payments it makes to consumers.
The consumer program also provides benefits and restitution for lessees (restitution and a no-penalty lease termination option) and for consumers who sold their vehicles after September 18, 2015 when the emissions-cheating scandal was disclosed (50 percent of the restitution available to consumers who still own their vehicle).
Volkswagen will contact customers who are eligible for these settlement offerings by mail.
The consumer restitution and recall program only covers the 2.0 models at this time. Litigation over the 3.0 models will continue, and the settlement website and the Attorney General’s Office will provide updates going forward regarding remedies available to 3.0 owners.
Additional components of today’s settlements include:
- Environmental Mitigation Fund: Volkswagen will pay $2.7 billion into a trust to support environmental programs throughout the country to reduce emissions of NOx. This fund, also subject to court approval, is intended to mitigate the total, lifetime excess NOx emissions from the 2.0-liter diesel vehicles identified below. Under the terms of the mitigation trust, Indiana is eligible to receive $38,920,039 to fund mitigation projects.
- Additional Payment to the States: In addition to consumer restitution, Volkswagen will pay to the states more than $1,000 per car for repeated violations of state consumer protection laws, amounting to $520 million nationwide. This amount includes $6,571,620 paid for affected vehicles Volkswagen sold and leased in Indiana.
- Zero Emission Vehicles: Volkswagen has committed to investing $2 billion over the next 10 years for the development of non-polluting cars, or Zero Emission Vehicles (ZEV), and supporting infrastructure.
Volkswagen will also pay $20 million to the states for their costs in investigating this matter and to establish a fund that state attorneys general can utilize for future training and initiatives, including investigations concerning emissions violations, automobile compliance, and consumer protection.
The full details of the consumer program will be available online at www.vwcourtsettlement.com and www.ftc.gov/VWSettlement.
Zoeller thanked Deputy Attorney General Mark Snodgrass for his work on this case.
Below is a list of VW models eligible for the restitution and recall program:
ST. MARY’S HEALTH AND TRI-STATE ORTHOPAEDICS ANNOUNCE CONSTRUCTION PLANS FOR ST. MARY’S ORTHOPEDIC HOSPITAL
St. Mary’s Health, member of St. Vincent and Ascension, and Tri-State Orthopaedics are partnering to build a state-of-the-art orthopedic specialty hospital to provide surgical and non-surgical care to address the growing orthopedic needs of individuals in the Tri-State area.
The $95 million, 135,000-square-foot, four-story St. Mary’s Orthopedic Hospital will be located at the northeast corner of Warrick Wellness Trail and Epworth Road, making it a natural extension of the St. Mary’s Epworth Crossing campus, which provides a variety of outpatient services.
“St. Mary’s Orthopedic Hospital will be able to meet the expanding need for orthopedic services in the Tri-State,†said Keith Jewell, President of St. Mary’s Health. “Demand for orthopedic services is projected to increase by 24 percent over the next several years.â€
“As the Tri-State grows and develops, St. Mary’s is committed to growing and evolving our services in order to provide our community with access to the healthcare services they need to achieve and maintain optimal health,†Jewell said. “By partnering with Tri-State Orthopaedics in the development and delivery of leading-edge orthopedic care, we are investing in the current and future healthcare needs of those we’re privileged to serve.â€
Last year, Ascension – the nation’s largest non-profit and Catholic health system – formed a national musculoskeletal service line council to enable care excellence and sustainable growth throughout the organization’s hospital markets, including Indiana. The intent is to identify opportunities to create value and share proven processes that support the Quadruple Aim – improving population health, reducing costs, enhancing the physician experience and improving the patient experience. The St. Mary’s Orthopedic Hospital provides the opportunity to realize this goal in the region.
“The new hospital has been in the planning process for more than a year and is the result of a long-standing shared vision with Tri-State Orthopaedics to develop a highly efficient, state-of-the-art facility focused on personalized orthopedic care,†said Jonathan Nalli, St. Vincent CEO and Senior Vice President, Ascension Health, Indiana Market.
“Across St. Vincent and Ascension, we’re building clinically integrated systems of care by developing partnerships between trusted healthcare providers focused on clinical excellence and a great patient experience. It is this work that has led St. Mary’s orthopedic care to be ranked among the nation’s best,†said Nalli.
“St. Mary’s Orthopedic Hospital is a unique collaboration between the surgeons of Tri-State Orthopaedics and St. Mary’s. The patients of the Tri-State are the real winners,†said Dr. Paul Perry, President of Tri-State Orthopaedics. “High quality, patient centered care delivered in a facility laser focused solely on bone and joint surgery will bring state-of-the-art technology to our community. Surgeons, nurses, techs, therapists and numerous ancillary staff all working as a team will transform orthopedic surgery in the region.”
The St. Mary’s Orthopedic Hospital will include 48 inpatient rooms, 10 operating suites (with room for expansion), and two procedure rooms. Services provided will include:
- Elective orthopedic and spine surgeries (inpatient and outpatient)
- Pre-procedure education
- Pre-procedure clinic
- Imaging services (CT, X-Ray, Ultrasound, MRI)
- Laboratory
- Physical Therapy
- Respiratory Therapy
- Durable Medical Equipment
- Pastoral Care & Chapel
- Hospitalists
- Dining Services
- Community Meeting Space
A groundbreaking ceremony is before the end of the year, with a projected opening date in fall 2018.
Removing Your Vehicle From The Roadway After Property Damage Crash Will Be Law Once Again
Indianapolis, IN- A law that had been on the Indiana books as a misdemeanor, and was inadvertently removed, has been reinstated as a class “C†infraction.
Beginning July 1st, 2016, IC 9-26-1-1.2 is added to the Indiana Code as a new section and states, “If, after an operator of a motor vehicle is involved in an accident, the operator’s motor vehicle comes to a stop in the traveled portion of the highway, the operator shall, as soon as safely possible, move the motor vehicle off the traveled portion of the highway and to a location as close to the accident as possible. However, the operator of the motor vehicle shall not move the motor vehicle if the accident involves the transportation of hazardous materials or results in the injury or death of a person or the entrapment of a person in a vehicle.†The previous law only applied to interstate highways. The reinstated law applies to all government maintained roadways.
The intent of the law is to safely remove traffic hazards from the roadway so as to reduce secondary crashes, especially on multi lane highways, that are often more severe and result in more injuries than the original crash. Also, this law ensures that motorists have statutory backing when they move their vehicles. Many times insurance companies tell their clients not to move their vehicle after it has been involved in a crash, even if it’s only a property damage crash, until law enforcement arrives.
Information from IN-Time, Indiana’s Traffic Incident Management Effort, states that for every minute that a freeway travel is blocked during a peak travel period, four minutes of travel delay results after the incident is cleared. Their statistics reveal the following:
Ø Crashes that result from other incidents (secondary) are estimated to be 22% of all crashes.
Ø Chances of a secondary crash increase by 2.8% for each minute the primary incident is not cleared.
Ø 18% of secondary crashes result in fatal injuries.
Ø In 2008, 21% of Indiana’s crashes showed vehicles “slowed or stopped†in traffic. A secondary crash.
Past records indicate neither a ticket nor arrest was issued while the law was a misdemeanor and authorities do not anticipate tickets being issued under the reinstated law, except in rare circumstances.
“Our intent is to educate the public that if they are involved in a property damage crash, they have a statutory requirement to remove their vehicles from the roadway,†stated Indiana State Police Superintendent Doug Carter. “The Indiana State Police will utilize traditional media and social media to inform the public of this reinstated law which is designed to remove hazards and keep traffic moving safely on Indiana highways.â€
Included below is the reinstated statue IC- 9-26-1-1.2.
SECTION 2. IC 9-26-1-1.2 IS ADDED TO THE INDIANA CODE
AS AÂ NEWÂ SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2016]:Â Sec. 1.2. (a) If, after an operator of a motor vehicle is
involved in an accident, the operator’s motor vehicle comes to a
HEA 1048 — Concur
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stop in the traveled portion of a highway, the operator shall, as
soon as safely possible, move the motor vehicle off the traveled
portion of the highway and to a location as close to the accident as
possible. However, the operator shall not move the motor vehicle
if the accident:
(1) involves the transportation of hazardous materials; or
(2) results in injury or death of a person or the entrapment of
a person in a vehicle.
A person who violates this subsection commits a Class C infraction.
JUNE BIRTHDAY
CATE SISCO
ROCHELLE SERRA
PHILLIP DAVIS
SUNNI ZIMMER
TINA PORTELLO OUIGLEY
E LON WALTERS
RANDALL FORSTER
CORY RAY
JORDAN BAER
JESSE DANIEL
CHARLES D. EUBANK
DONNA ROBINSON
KYLE G JOHNSON
KATHLEEN KRISTEN
PHILIPS DAVIS
E LON WALTERS
KELLY CHANDLER
KELLY GATES
MARCIA BLEVINS
ED KARGES
CHINA PHELPS
ANDREW BELL
EMMA LENTO
JOSH TURNER
BRADLEY SMITH
BROCK LANCE
TIM DEISHER
JOHN FRANKS
AMANDA HENN
DEBORAH WINTNER
COURTNEY GOUSMAN
STAN LEVCO
BRECK BITTER
ED KARGES
SALOME LaMARCHE
EVAN OTTER
CHRIS BORN
MELANIE BOZSA
GLORIA WEBBORN
SHERYL SANDERS
KIMBERLY ANN GREER
JAMIE FUCHS
BRENDA HUGHES
MARCIA BIVINS
ED KARGES
C LARRY RHODES
CHINA PHELPS
JOHN WOODALL
EVELYN MaVEETY
SCHARIAS K. GRAVES
STEVEN PIRNAT
NATHAN BAYNE
CHRIS LANTAFF
JIMMY LEFTER
DANIEL DiLEGGE
JOSH TURNER
BILL BETZ
EDIASRISINTA ARIYA
STEVEN PIRNAT
NATHAN BAYNE
MARVIN C HINTON
JOHN LUEDKE
BRENT FEULNER
JOE TEMPLETON
BOB DEGRAFFENREID
JAMES BILL
MONICA SCHREIBER
KAREN DOERNER HILL
KEEITH KERNEY
JOSH TURNER
BILL BETZ
TIFFANY NUNN STEPTO
JAMES BRINKMEYER
CHRIS BROWN
MICHAEL PRUITT
ROBERT MONEY
RICKIE DUPONT SR
WAYNE HART
STACEY LYNN MAYES