Articles

COA rules insurer has no duty to defend

The Indiana Court of Appeals affirmed a trial court's ruling that an insurance company doesn't have the duty to defend its client in lawsuits arising out of environmental contamination on its property, noting that if the court were to rule in favor of the client's arguments, insurance business practices would dramatically change. Accepting Crawfordsville Square's […]

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High court transfers jury-instruction case

The Indiana Supreme Court granted transfer Thursday to a case in which a man's attempted murder conviction was ordered to be vacated as a result of his attorney's deficient performance on appeal.

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Judges disagree on when escape occurs

The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.

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Worker didn’t prove discrimination, retaliation

The 7th Circuit Court of Appeals affirmed the lower court ruling that a company’s elimination of a worker’s position, along with not rehiring her after restructuring, didn’t constitute retaliation or a hostile work environment.

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Attorneys get public reprimand

In a disciplinary action released by the Indiana Supreme Court today, the justices held that the text of a 2004 version of the Indiana Professional Conduct Rule 1.15(b), as reinforced by Comment 3, required attorneys to promptly distribute undisputed portions of funds they held for clients or third parties.

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High court vacates transfer

The Indiana Supreme Court vacated transfer yesterday in a case in which a defendant appealed his convictions of voluntary manslaughter, carrying a handgun without a license, and finding that he was a habitual offender.

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Defendant can’t ‘earn’ sentence modification

The Indiana Court of Appeals vacated a man's robbery sentence because it found the trial court abused its discretion when sentencing him and couldn't legally reduce his sentence as it said it would if he participated in educational and vocational programs while incarcerated.

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Judge must pay $10,000 in disciplinary fees

The judge and former commissioner disciplined for their roles that led to a wrongfully convicted man staying in prison must pay nearly $18,000 in expenses related to their disciplinary proceedings.

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High court rules on recovery issue

Under the statute governing the wrongful death of an unmarried adult with no dependents, the amount recoverable for reasonable medical and hospital expenses necessitated by the alleged wrongful conduct is the total amount ultimately accepted after contractual arrangements with an insurer, Medicare, or Medicaid, and not the total of the charges billed, the Indiana Supreme Court ruled today.

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No Brady violation in sex-sting case

A defendant failed to show there was a Brady violation in his trial for enticing who he thought was an underage girl he met on the internet, the 7th Circuit Court of Appeals ruled today.

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Judges differ on allowance of trustee’s appeal

Judges on the 7th Circuit Court of Appeals, including Northern District Judge Joseph Van Bokkelen – who was sitting in designation – disagreed whether a bankruptcy trustee's appeal should be dismissed for lack of appellate jurisdiction because he didn't file a petition for permission to appeal.

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Majority upholds false statement is protected

A split Indiana Supreme Court Tuesday upheld a trial court's ruling that a Papa John's employee's false statement to police that a customer had pulled out a gun is protected by qualified privilege. The dissenting judges believed because the employee first made the false statement to a passerby and then police, he knowingly reported false […]

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Man isn’t entitled to parental privilege defense

In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.

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Fort Wayne attorney dies

A Northeastern Indiana attorney known for his ability to quote literature died March 9 at the age of 53. Russell Strunk practiced litigation and employment law in Fort Wayne.

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Alarm company’s actions not covered by policies

The Indiana Supreme Court reversed the denial of summary judgment on an insurance company's coverage defenses, ruling its insured's actions leading to a lawsuit were "errors or omissions," and so weren't covered by the commercial general liability or umbrella policies.

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Prior conviction doesn’t fall under exception

The 7th Circuit Court of Appeals rejected a defendant's argument that his felon-in-possession indictment was insufficient because his previous conviction of stealing cable doesn't meet the definition of a "crime punishable by imprisonment for a term exceeding one year" under 18 U.S.C. Section 921(a)(20)(A).

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