Articles

Attorney reprimanded for ex parte communication

A Tippecanoe County attorney has received a private reprimand after the Indiana Supreme Court concluded she violated Professional Conduct Rule 3.5(b) when an emergency petition for a temporary guardian appointment was presented to the judge before notice was presented to the parents.

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COA reverses finding attorney entitled to malpractice coverage

A trial court improperly concluded that an Auburn, Indiana, attorney did not make a material representation in his application for renewal of malpractice insurance, the Indiana Court of Appeals held Thursday in reversing summary judgment in favor of the attorney.

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Ruling in favor of doctors in med mal case upheld

The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.

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Inmate loses request for Xbox, other privileges

The Department of Correction has a rational reason for limiting which inmates qualify to be housed in a “Honor Unit,” in which they have access to video games and weights, the Indiana Court of Appeals held in affirming summary judgment for the DOC on an inmate’s lawsuit.

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COA affirms attorney fee order

The Indiana Court of Appeals upheld the decision by a trial court that in order for proceedings supplemental to be withdrawn without prejudice, the moving party must pay attorney fees as ordered by the lower court.

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COA modifies punitive damages award

The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.

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Boilerplate language can’t support warrant for blood draw

The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.

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Deed allows owners to make wells deeper, court rules

A family that sold mineral rights to a company but reserved the rights to oil and gas from certain producing wells was not restricted by the deed from making the reserved wells deeper, the Indiana Court of Appeals held Friday.

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