Treble damages under Sales Rep Act not subject to Punitive Damages Act
The Indiana Supreme Court unanimously held Thursday that treble damages under the Sales Representative Act are not subject to the Punitive Damages Act.
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The Indiana Supreme Court unanimously held Thursday that treble damages under the Sales Representative Act are not subject to the Punitive Damages Act.
The 7th Circuit Court of Appeals noted that it was a “close call” whether a man worked in a hostile work environment as a school temporary janitor, but judges found that he could not meet his legal burden to prove that he suffered severe or pervasive harassment based on his race.
The judge overseeing the case of a central Indiana treasurer charged with mishandling public money and a lawsuit aimed at removing him from office has disqualified herself from both cases.
Indiana Attorney General Greg Zoeller has asked the 7th Circuit Court of Appeals to reverse an Indianapolis federal judge’s ruling requiring the state to recognize the same-sex marriage of two women, one of whom is gravely ill.
Indiana Court of Appeals
State of Indiana v. Randall Scott Stiverson (NFP)
76A03-1311-CR-421
Criminal. Reverses grant of Stiverson’s motion to dismiss charges of Class D felony operating a vehicle while intoxicated causing serious bodily injury and Class A misdemeanor operating a vehicle while intoxicated in a manner that endangered a person. Remands for further proceedings.
Raven N. Young v. State of Indiana (NFP)
62A01-1401-CR-29
Criminal. Affirms revocation of placement in community corrections day reporting program and order Young serve her suspended sentence in the Department of Correction.
Clifford J. Elswick v. State of Indiana (NFP)
20A05-1311-CR-553
Criminal. Affirms denial of motion to correct erroneous sentence.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
Devon Groves v. United States of America
12-3253
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of Groves’ Section 2255 motion to vacate, set aside or correct his sentence of 240 months in prison for one count each of possession of a firearm by a felon and possession of ammunition by a felon. Finds Groves was provided with effective assistance of counsel.
The Indiana Court of Appeals issued a lengthy opinion Thursday dealing with an insurance coverage dispute between a company headquartered in Indiana and its insurers regarding claims from Taiwanese workers that they were made ill from contaminants from a manufacturing plant.
The median starting salaries for 2013 law school graduates rose slightly to nearly $62,500, according to data released by NALP Thursday. More grads also found jobs nine months out of school, but the unemployment rate rose due to the increased size of the graduating class.
The 7th Circuit Court of Appeals Thursday declined to find that a defendant’s appointed attorney provided ineffective assistance of counsel requiring the court to vacate or correct his 20-year sentence.
The Supreme Court of the United States has tossed out an Australian company's patent for business software in a closely watched case that clarifies standards for awarding patents.
Two inmates at the Terre Haute Federal Correctional Institution have been convicted for their roles in the death of a fellow inmate, the U.S. Attorney’s Office for the Southern District of Indiana announced Wednesday. William J. Bell and Lenard Dixon were recently ordered to wear modified leg restraints during their trial.
Attorneys and sponsors who are late in reporting attendance to the Indiana Commission for Continuing Legal Education will be subject to up to a $50 fee, according to an order released by the Indiana Supreme Court.
Indianapolis attorney and blogger Paul Ogden has been suspended for 30 days by the Indiana Supreme Court based on comments he made regarding a judge who presided over an estate case involving Ogden’s client.
Supreme Court of the United States decisions to allow inmates to be put to death or to grant a rare reprieve often come at the last minute, and sometimes after the appointed hour of execution has come and gone.
A federal trademark board ruled Wednesday that the Washington Redskins nickname is "disparaging of Native Americans" and that the team's trademark protections should be canceled, a decision that applies new financial and political pressure on the team to change its name.
Indiana Court of Appeals
Keith D. Bott v. State of Indiana (NFP)
48A02-1312-CR-1058
Criminal. Affirms revocation of probation.
Joshua Ketchem v. State of Indiana (NFP)
48A02-1308-PC-695
Post conviction. Affirms denial of petition for post-conviction relief.
Edwin Hunt v. State of Indiana (NFP)
60A01-1309-CR-406
Criminal. Affirms 40-year sentence for Class B felony burglary and adjudication as a habitual offender.
Bruce L. Truett v. State of Indiana (NFP)
49A02-1311-CR-926
Criminal. Affirms revocation of placement in community corrections and order Truett serve three of his six years in the Department of Correction.
Larry Page v. State of Indiana (NFP)
48A05-1311-PC-556
Post conviction. Affirms denial of petition for post-conviction relief.
Demitrus Grant v. State of Indiana (NFP)
49A02-1311-CR-959
Criminal. Affirms conviction of Class C felony operating a motor vehicle after license was suspended for life.
In re the Paternity of E.S.: Makayla LeGault v. Michael J. Scott (NFP)
71A05-1312-JP-606
Juvenile. Affirms modification of mother’s custody of minor child and grant of sole physical custody of child to Scott.
Christopher Baxter v. State of Indiana (NFP)
22A01-1312-CR-551
Criminal. Affirms 40-year sentence for murder.
Signature Estates of Indiana, Inc. d/b/a Gordon Marketing, Stephens-Matthews Marketing, Inc., Shields Brokerage, Inc. et al. v. Conseco Medical Insurance Company, et al. (NFP)
29A02-1310-PL-846
Civil plenary. Reverses partial summary judgment for Conseco Medical Insurance Company and other defendants in lawsuit alleging fraud and breach of fiduciary duty. Remands for further proceedings.
Omert'a LLC, Dino Zurzolo d/b/a Shangri-La East, and Wholesalers, Inc. d/b/a Shangri-La Show Club v. Phillip Gray (NFP)
93A02-1309-EX-812
Agency action. Affirms order directing payment of money to complainant Gray and other actions by the respondents.
David Gregg v. State of Indiana (NFP)
15A01-1311-CR-505
Criminal. Affirms two-year sentence imposed after Gregg admitted violating a term of his probation.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
The case of an Ohio man sentenced to 60 years for killing a man he found sleeping in a motel room where he and other traveling magazine vendors were staying is headed to the Indiana Court of Appeals after the U.S. Supreme Court declined to hear it.
7th Circuit Court of Appeals
Gabriel V. Mendoza v. United States of America
13-3195, 13-3196
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of Mendoza’s petition for relief from his drug convictions. He was not deprived due process when an interpreter relocated her position in the courtroom to translate for a witness nor was he provided ineffective assistance of counsel.
The Lake County Bar Association will be holding its first “Practice Health, Not Law Day” on June 27. Members are encouraged to use the day to schedule a medical check-up or to visit the association’s office in Merrillville for a free health screening.
Wells Fargo Bank could not convince the Indiana Court of Appeals to reverse default judgment entered against it in favor of two companies trying to foreclose on mechanic’s liens. The court also had a warning for litigants when filing amended complaints.