SCOTUS denies Indiana wine case
The Supreme Court of the United States won't consider whether Indiana's wine shipping law is constitutional by requiring in-person contact before any direct delivery is allowed.
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Law school symposium to discuss torture
The Valparaiso University School of Law, as part of its annual symposium lecture series, is offering "Torture: Justifiable?" which focuses on whether and under what circumstances torture may be justifiable.
Testimony based on medical journals allowed
A physician testifying at a medical malpractice case should have been allowed to offer testimony based on her reading of medical journals, and a Marion County judge erred when he excluded part of her statements, the Indiana Court of Appeals decided.
Red Spot could face $26 million in cleanup costs
A southern Indiana company could be on the hook for $26 million in contaminated site cleanup costs, a consequence of a federal judge's default ruling in June that found the business and its former attorneys had purposely withheld evidence and misled the court.
Death penalty, election arguments Thursday
The Indiana Supreme Court will hear arguments Thursday in a death penalty case, a dispute whether the elected mayor of Terre Haute was eligible to run for office, and whether an order for a mother's voluntary termination of parental rights should have been set aside.
COA: No preliminary injunction against casinos
A panel of Indiana Court of Appeals judges agreed a city isn't entitled to a preliminary injunction to order riverboat casinos to make payments to the city, but the judges disagreed as to why the city didn't meet its burden to prove an injunction was necessary.
Indiana attorney fights Alaska’s merit selection
A Terre Haute attorney has filed a federal suit challenging the merit-selection system in Alaska, arguing the state bar association has unconstitutional control over the judicial nominating commission and takes away the people's right to choose their judges.
COA upholds workplace restraining order
The Indiana Court of Appeals today analyzed for the first time the legal parameters required to affirm an order issued to protect a person under the Workplace Violence Restraining Order Act. The appellate court turned to the Indiana Civil Protection Order Act to provide context for analyzing cases under the WVROA.
Court rules on workers’ comp dispute
The Indiana Court of Appeals reversed a finding that a company had acted in bad faith in denying workers' compensation benefits because there was a dispute over who should pay the benefits.
Judges disagree if testimony is hypothetical
Indiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice case used hypothetical language that couldn't raise a genuine issue of fact.
Insurance presents first-impression issue
The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.
Court affirms sentence for non-support of 8 kids
A trial court didn't err in imposing three consecutive sentences following a man's guilty plea to three counts of felony non-support of a dependent because his failure to pay didn't constitute a single episode of criminal activity, the Indiana Court of Appeals ruled today.
SCOTUS remands Indiana death penalty case
The 7th Circuit Court of Appeals was wrong in disposing of an Indiana man's death penalty challenges without any explanation, and should have allowed a Northern District of Indiana judge to consider those unresolved claims, the nation's highest court ruled today.
Judges disagree on estoppel claim
An Indiana Court of Appeals panel disagreed today as to whether an insurance company is entitled to summary judgment in an action filed by clients regarding coverage. In Everett Cash Mutual Insurance Co. v. Rick and Katrina Taylor, No. 02A03-0808-CV-386, the issue is whether the Taylors were negligent in failing to make sure an independent […]
SCOTUS urged to not take Indiana case
The Indiana Attorney General's Office wants the nation's top jurists to reject a Hoosier case posing Fourth Amendment questions about police searches, valid search warrants, and probable cause.
High court rules on putative father adoption case
The Indiana Supreme Court has ruled that a putative father who files a paternity action in a court other than the court in which the adoption case is pending meets statutory requirements and doesn't imply his permanent consent to that adoption.
Reimbursement to estate should be proportional
The Indiana Supreme Court ruled today that a proportional allocation of proceeds from a pre-trial settlement would be best way to reimburse an estate for funeral and burial expenses.
High court rules on post-judgment interest
The Indiana Supreme Court granted transfer to a case in order to clarify precedents on post-judgment interest in dissolution cases. The high court held that the dissolution statutes give a court the option to either assess interest or not in the course of fashioning a just division of assets.
Governor likely to soon get St. Joe judges bill
Gov. Mitch Daniels will likely receive legislation today aimed primarily at scrapping judicial merit selection in St. Joseph County and creating a new Indiana Court of Appeals panel starting 2011.
Supreme Court grants 2 transfers
The Indiana Supreme Court granted transfer Thursday to an ineffective assistance of trial counsel case and a case involving the testimony at trial of a previous victim of a defendant.