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7th Circuit affirms defense verdict in motorcycle crash

A woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence was improperly admitted, including her statements that the crash was her fault.

Judges rule on contractor dispute over new FBI headquarters

The Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist upon arbitration.

Lake County murder conviction affirmed

A Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction regarding the presumption of innocence, the Indiana Court of Appeals held.

COA orders bank’s cause of action reinstated

A Howard Superior Court erred in denying a bank’s motion for relief from the court’s quiet title decree finding the bank no longer held any interest in certain real property owned by a divorcing couple, the Indiana Court of Appeals ruled Thursday.

Evidence supports animal fighting convictions

A Shelby County man who claimed his devotion to his religious beliefs required him to breed, raise and fight gamefowl had his convictions relating to animal fighting upheld by the Indiana Court of Appeals Thursday.

Firm mergers at highest number since 2009

U.S. law firm mergers in the first quarter of this year hit a four-year high, Altman Weil Inc. announced Thursday. Twenty-one firms announced mergers and acquisitions, with most deals involving acquisitions of small law firms.

Gammage appointed magistrate in St. Joseph Circuit Court

St. Joseph Circuit Judge Michael Gotsch announced Wednesday that Andre B. Gammage will replace Elizabeth C. Hurley as magistrate judge on the court. Hurley was recently appointed to the St. Joseph Superior bench by Gov. Mike Pence.

Opinions April 3, 2013 ILD

Indiana Court of Appeals
Albert Lee Baker v. State of Indiana (NFP)
53A01-1210-CR-490
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a narcotic drug.

John W. Taylor, IV v. State of Indiana (NFP)
20A03-1208-CR-365
Criminal. Affirms convictions of three counts of attempted murder, all as Class A felonies.

Benjamin A. Hankins v. State of Indiana (NFP)
18A02-1207-CR-611
Criminal. Affirms conviction and sentence for murder.

Jason R. Derry, Jr. v. State of Indiana (NFP)
20A03-1208-CR-354
Criminal. Affirms denial of motion to re-sentence following guilty plea to Class D felony possession of cocaine.

Term. of the Parent-Child Rel. of E.B., minor child, and T.S., biological father; T.S. v. Indiana Dept. of Child Services (NFP)
49A05-1208-JT-414
Juvenile. Affirms involuntary termination of parental rights.

Christopher Snyder v. Classic Restaurant Services, LLC (NFP)
29A02-1207-CT-592
Civil tort. Affirms grant of a preliminary injunction against Snyder.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Justices divided over vacating transfer in drug case

Three of the five Indiana justices have decided that the Indiana Court of Appeals decision in Andrew Humphreys’ case challenging his habitual offender adjudication should stand, so they voted to vacate transfer granted in December.

7th Circuit: no liability insurance coverage for associate’s error

The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.

Opinions April 2, 2013

7th Circuit Court of Appeals
Koransky, Bouwer & Poracky P.C. v. The Bar Plan Mutual Insurance Co.
12-1579
U.S. District Court, Northern District of Indiana, Judge William C. Lee.
Civil. Affirms summary judgment for The Bar Plan and the denial of Koransky Bower & Poracky’s motion for summary judgment on whether The Bar Plan had to represent the law firm or indemnify it on a client’s malpractice claim. The law firm’s knowledge of the email exchange with the seller’s counsel in February and the Alabama declaratory judgment action filed March 14 constituted knowledge of “any circumstance, act or omission that might reasonably be expected to be the basis of” a malpractice claim by the firm’s client. The firm did not notify The Bar Plan in a timely manner.

Contentious Senate panel advances voucher expansion

A proposal to expand Indiana’s school voucher program moved to the full Senate on Tuesday, but not before opponents said the unknown costs and impact of the bill amounted to a fiscal cliff for the state and a bailout of private religious schools.