Sixteen members of Indiana National Guard have filed a lawsuit against a Texas-based contractor working in Iraq for exposing the soldiers to a toxic chemical known to increase the risk of developing cancer.
Several Indiana arts and publishing organizations have joined the American Civil Liberties Union of Indiana in a suit challenging the state’s new law that requires sellers of sexually explicit material to register and pay a fee to the state. The ACLU of Indiana, along with the Indianapolis Downtown Artists and Dealers Association, Freedom to Read Association, Big Hat Books, Indianapolis Museum of Art, and other groups, yesterday filed the suit, Big Hat Books, Boxcar Books and Community Center Inc., et al….
The 7th Circuit Court of Appeals upheld a defendant’s conviction of possession of ammunition by a felon, finding the defendant’s girlfriend had the authority to consent to a search of the apartment by police when the defendant was not present. In United States of America v. Daniel Groves Sr., No. 07-1217, the Circuit Court had to determine whether Daniel Groves’ girlfriend, Shaunta Foster, could allow police to search their apartment without a warrant in light of the recent U.S. Supreme Court case,…
Indiana’s “Lease Statute” can’t be used to determine the priority of insurance coverage between a primary insurance policy and true excess policies, ruled the Indiana Court of Appeals today in a case of first impression. Old Republic Insurance appealed the trial court’s decision in Old Republic Insurance Co. v. RLI Insurance Co., et al., No. 49A04-0709-CV-523, which determined Old Republic’s policy had higher priority over other excess policies and that the Lease Statute didn’t allow for ranking different types of insurance policies….
A doctor whose job was terminated as part of hospital restructuring didn’t provide enough evidence to show he was let go based on his age, the 7th Circuit Court of Appeals ruled today. In Laverne Tubergen v. St. Vincent Hospital and Health Care Center, Inc., No. 06-4304, Dr. Tubergen filed a discrimination complaint against St. Vincent under the Age Discrimination in Employment Act of 1967. In an effort to streamline its operations and become more efficient, the hospital hired James Houser as…
The Indiana Court of Appeals affirmed a man’s convictions of murder, conspiracy to commit murder, and the finding that he is a habitual offender. In Charles D. Boney v. State of Indiana, No. 22A01-0607-CR-310, Boney was connected to the murder of Kim Camm and her two children at home by her husband, David. Boney provided the weapon David used to murder his family and was at the Camm’s home when the murder occurred. Boney raised several issues on appeal following his jury…
Owners of limited liability companies must be represented by an attorney to appeal a decision in federal court, ruled the 7th Circuit Court of Appeals today.
The chief justice of the U.S. Supreme Court visited students at the Notre Dame Law School this morning for a one-day appointment to the James J. Clynes Visiting Chair at the school.
A blood sample seized by the state from an unconscious woman didn’t violate her rights under the Fourth Amendment because all of the circumstances surrounding the car accident involving the woman led to a fair probability she drove a car while drunk, the Indiana Court of Appeals ruled.In Samara J. Copas v. State of Indiana, No. 33A01-0801-CR-3, Samara Copas appealed the trial court’s denial of her motion to suppress a blood sample taken by the state after obtaining a search warrant. Copas…
In a case of first impression involving a trampoline, premises liability, and the attractive-nuisance doctrine, the Indiana Supreme Court today overturned summary judgment that originally had been in favor of the trampoline owners, citing material issues of facts in the case. The high court granted transfer in Beth Palmer Kopczynski, individually and as next friend and parent of Alisha Palmer, and Alisha Palmer v. David Bryan Barger and Peggy Lucas Barger, No. 88S05-0710-CV-423, to determine whether the Bargers were responsible for an…
After years of litigation, the Indiana Court of Appeals ruled today that the Marion County Sheriff and the Indiana Department of Administration were allowed to enter into contracts with a phone company that provided commissions to the sheriff and IDOA on phone calls made from the jail and prison facilities. In Chanelle Linet Alexander, et al. v. The Marion County Sheriff and the Commissioner of the Indiana Department of Administration, No. 49A02-0708-CV-716, the plaintiffs are a class of people who have been…
The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.
Not charging an administrative fee for Indiana's "In Got We Trust" license plates doesn't violate the state constitution, affirmed the Indiana Court of Appeals today in an unpublished decision.
In a ruling that will affect property owners across the state, the Indiana Supreme Court today held property owners are ultimately responsible for the delinquent sewer bills of their tenants.
The Indiana Court of Appeals ruled in favor of a woman in two separate cases involving the purchase of her property at tax sales in Franklin County after determining she received insufficient notice of the sales.
The Indiana Supreme Court used a man’s appeal of his sentence for neglect of a dependent to examine how appellate courts review sentences; the court remanded the case so the man’s sentence could be reduced. In Rudy Wayne Cardwell v. State of Indiana, No. 10S05-0811-CR-588, the justices reviewed their decision in Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007), in terms of appellate review of sentencing. The court unanimously agreed that assigning relative weights to properly found facts can often present…
The Indiana Supreme Court heard arguments today in a case that asks whether the defendant had the right to confront the lab technician who performed the DNA testing relevant to the case.
The Indiana Court of Appeals affirmed a trial court decision that excluded arguments and evidence from the Indiana Patient’s Compensation Fund relating to the survival rate of the decedent because their argument regarded liability, which had already been established through a settlement. In Jim Atterholt, Commissioner of the Indiana Department of Insurance as Administrator of the Indiana Patient’s Compensation Fund v. Geneva Herbst, personal representative of the estate of Jeffrey A. Herbst, No. 49A04-0702-CV-106, the Indiana Patient’s Compensation Fund appealed the grant…
An Evansville defense attorney was found dead this morning by police after committing suicide, according to the Vanderburgh County deputy coroner.
The Indiana Court of Appeals ruled in favor of a woman who wanted her out-of-pocket payments to a nursing facility allowed as a spend-down expense, finding the Indiana Family and Social Services Administration's denial of her request would penalize her twice.