Parties urge justices to take med-mal case to provide clarity
A medical malpractice case on petition to transfer before the Indiana Supreme Court had both the appellants and appellees urging the justices Thursday to take their case.
Olivia Covington
Articles
Justices consider ‘grossly disproportionate’ standard in civil forfeitures
The U.S. Supreme Court established a standard nearly 20 years ago for determining when the punitive nature of a civil forfeiture has surpassed a reasonable limit: if the forfeiture is “grossly disproportionate” to the criminal conduct in question.
COA reinstates right-to-work case, says federal law preempts state claims
Although former members of a Fort Wayne union did make a claim upon which relief can be granted after their former union continued to take dues from their checks without their consent, the Indiana Court of Appeals ruled Thursday that federal labor law is preemptive in the state court case.
COA awards summary judgment to city in mountain bike liability case
The Indiana Court of Appeals granted summary judgment in favor of the city of Indianapolis and Indy Parks and Recreation department after determining that the city was not liable for injuries sustained by a mountain biker as he was riding on a city-owned trail.
First round of Supreme Court interviews complete
With all 20 interviews to replace Justice Robert Rucker on the Indiana Supreme Court now complete, Chief Justice Loretta Rush and the Judicial Nominating Commission are now considering which applicants should move on to the semifinalists round in April.
First day of Supreme Court interviews complete
Day one of the interviews to fill Justice Robert Rucker’s impending vacancy on the Indiana Supreme Court is complete after 12 applicants came to the Statehouse for their 20-minute interviews.
7th Circuit affirms summary judgment to jail health care providers
The 7th Circuit Court of Appeals affirmed summary judgment to a county jail healthcare provider and his employer Monday after finding that the inmate bringing the malpractice claims against the providers failed to prove that his care was objectively unreasonable.
Indiana justice interviews underway
Interviews of the 20 candidates who have applied to fill the next vacancy on the Indiana Supreme Court are officially underway. Chief Justice Loretta Rush and the six members of the Judicial Nominating Commission began the 20-minute interview sessions this morning, speaking with six candidates from across the state.
Paying dues under right-to-work
Drivers claim illegal union withholdings in case where checkoff cards are key.
Protest bills with anti-traffic obstruction focus sweep US
In response to the increasing number of demonstrations, legislators across the country have introduced bills limiting where protesters can demonstrate or increasing fines for participation in peaceful protests that turn violent.
Curtis Hill formulating agenda as he settles in as attorney general
Given his lengthy career as a northern Indiana prosecutor, not much about being the state’s top attorney has surprised Curtis Hill.
New task force meant to break down language barriers, aid court interpreters
As the number of litigants, witnesses or spectators requesting interpretation services continues to rise, the Indiana Supreme Court is taking steps to ensure those services are high-quality and far-reaching.
Two-year prison sentence affirmed for convict with leukemia
A divided 7th Circuit Court of Appeals has affirmed the two-year sentence handed down to an older man being treated for leukemia, though the dissenting appellate judge had serious questions about the Bureau of Prisons’ ability to meet the man’s medical needs.
Attorney who played key role in funeral legislation dies
Indianapolis-area attorneys are mourning the loss of a colleague they say was instrumental in shaping Indiana laws dealing with funeral services.
COA orders new attempted murder trial
The Indiana Court of Appeals has ordered a new trial in a Greene County attempted murder case after finding the trial court incorrectly applied the standard of a “knowing” mens rea, rather than a “specific intent to kill.”
Supreme Court: Man allowed to view video of controlled drug buy with informant
A Vigo County man facing drug charges will now be able to review a video of a controlled drug buy between himself and an informant after the Indiana Supreme Court decided Friday that the disclosure of the video would be relevant and helpful to his case.
Bar association speaks out against bill banning prospective liability releases
One of the state’s largest bar associations is speaking out against a bill in the Indiana General Assembly that would prohibit attorneys’ ability to prospectively release themselves from malpractice liability.
Insurance company wasn’t required to cover late claim
An insurance company was not required to defend an Indiana doctor in a medical malpractice case because the applicable insurance policy had expired before the insurer received notice of the claim.
Teen’s felony murder conviction upheld
An man’s felony murder conviction in Elkhart County will stand after the Indiana Court of Appeals held Thursday there was sufficient evidence to support it and that the trial court did not err in instructing the jury.
COA: Mother denied right to counsel in adoption proceeding
The Indiana Court of Appeals has reversed a Johnson County adoption after finding the mother was denied due process when the adoption court found that she had waived her right to counsel.