Special judge: Keep early-voting sites open
A special judge has ordered satellite early-voting sites in East Chicago, Gary, and Hammond to remain open over the objections of two Lake County Republicans.
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Adult son could file paternity, support petition
A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.
Supreme Court arguments Wednesday
The Indiana Supreme Court will have a busy Wednesday morning as it hears arguments scheduled for three cases on appeal. First up is Ronald Mayes v. Second Injury Fund, No. 93A02-0702-EX-162, in which Mayes petitioned the Supreme Court to accept jurisdiction over his appeal. The Worker’s Compensation Board denied Mayes’ disability benefits from the Second Injury Fund, ruling Mayes’ settlement of his claim against third-party tortfeasors precluded those benefits from the fund. The Court of Appeals affirmed finding Mayes failed to prove…
Court rules marriage not valid, affirms sentence
A woman who helped her husband flee from police after committing three murders in southern Indiana can be convicted of assisting a criminal because her marriage is void in Indiana, the Indiana Court of Appeals ruled today. In Misty D. Davis v. State of Indiana, No. 63A01-0712-CR-605, the Court of Appeals today upheld Misty Davis’ convictions of and sentence for assisting a criminal in murder and giving a false statement to law enforcement. Davis’ husband, Nick Harbison, attacked four people, resulting in…
Hearing set for judicial misconduct action
A hearing in the disciplinary misconduct case of Allen Superior Judge Kenneth Scheibenberger has been scheduled for 9 a.m. Nov. 26 in the Indiana Supreme Court courtroom.
Asian American Alliance to host reception
The Asian American Alliance Inc. will host a reception to celebrate its professional leadership program, cAtAlyst, and the organization’s efforts to inspire Asian Americans to lead and serve. The reception will be from 5 to 7 p.m. March 12 at Indianapolis law firm Bingham McHale. To attend, contact Pam Dove at (317) 968-5352 or [email protected] by March 10. For more information about the organization, visit AAAI’s Web site.
Boone County courts seek rule comments
Boone Circuit and Superior courts are seeking comments to proposed local rule changes, including altering jury trial procedures, financial declarations, workshops about how children cope with divorce, and family court rules. To view the proposed changes, click here. Comments may be made until Aug. 9 to Judge Matthew Kincaid at [email protected].
1st pro bono appeals program case gets transfer
The Indiana Supreme Court granted has granted transfer to two cases, including the first case from the Indiana State Bar Association's pro bono appellate program.
Amendment trumps high court ruling
Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.
Popular online guidelines made user-friendly
The parenting time and child support guidelines on the Indiana Supreme Court’s Web site just got a little friendlier to use. The guidelines have been reformatted to allow easier printing. The Supreme Court received feedback about the challenges the public, courts, and clerks’ offices were having in printing and making copies of the guidelines because they were lengthy. The number of pages for the parenting time guidelines has been reduced from 27 to 15 pages; the child support guidelines shrank from…
Mom not in contempt over middle name change
A trial court erred in finding a mother in contempt for not changing the middle name of her child, the Indiana Court of Appeals ruled today. The appellate court remanded the case for consideration of whether the name change would be in the best interest of the child.
Justices analyze occurrence-based limitations
Two Indiana Supreme Court justices dissented from the majority today in two medical malpractice suits because they believed the majority's reasoning behind the decisions that both plaintiffs' claims are time-barred would foster suspicion and doubt between health-care providers and their patients.
Masters named in Allen County judge’s case
The Indiana Supreme Court has appointed three judges to serve as masters in an Allen Superior judge's disciplinary misconduct action following an incident in another judge's courtroom.
High court to hear 2 arguments Thursday
The Indiana Supreme Court will hear arguments on two cases Thursday to determine whether a health services provider is entitled to interest on payment owed for services and if a city had missed the statute of limitations to bring contamination-related claims against a company.At 9 a.m., the high court will hear arguments on Cooper Industries, LLC, et al. v. City of South Bend and The South Bend Redevelopment Commission, No. 49A04-0511-CV-637, in which the Court of Appeals reversed the Marion Superior Court’s…
3 grants available for courts, judges
The Indiana Supreme Court and the Division of State Court Administration have announced three grants available for court reform studies and education.
Court to decide on prevailing party issue
The Indiana Supreme Court granted transfer Thursday to determine who would be considered the “prevailing party” when a settlement lacks a judicial resolution. In Kirk Reuille v. E.E. Brandenberger Construction, Inc., No. 02A04-0704-CV-186, Reuille appealed the trial court’s judgment in favor of E.E. Brandenberger when the court decided Reuille was not the prevailing party in the contract between him and Brandenberger and said the trial court erred in characterizing his motion for attorney fees as one for summary judgment. Reuille and…
Court order questions confidentiality agreement
The Indiana Supreme Court issued an order to show cause today seeking to determine whether a trial court- approved confidentiality stipulation and order should be vacated in a case involving insurance coverage for bodily injury claims caused by exposure to silica. The parties in Travelers Casualty and Surety Company, et al. v. United States Filter Corporation, et al., No. 49S02-0712-CV-596, asked the trial court to approve a confidentiality stipulation and order while the litigation was pending in Marion Superior Court in…
Judgment for prison employees affirmed
The 7th Circuit Court of Appeals affirmed summary judgment in favor of prison employees in an inmate's Eighth Amendment violations suit, finding the inmate's lack of cooperation in providing details of threats against him prohibited the officials from protecting him from an attack by another inmate.
Indy firm expands practice into Chicago
Indianapolis-based law firm Baker & Daniels has opened a new law office in downtown Chicago with seven attorneys who recently left the same Chicago firm. The firm previously established B&D Equity Property Tax Group in the city, which will now join the law firm in the same office. The goal of the expansion is to meet the growing needs of its Midwest clients as well as establish a presence in Chicago. The firm hopes to grow its new office to 50-plus…
Ministers not protected under labor act
The 7th Circuit Court of Appeals upheld a District Court’s decision to toss out a case because the plaintiffs were not entitled to minimum wage and overtime under the “ministerial exception,” although the Circuit Court modified the reason for dismissing the case. In Steve and Lorrie Schleicher v. The Salvation Army, No. 07-1333, the Schleichers appealed the decision of U.S. District Judge Richard Young of the Southern District of Indiana, Indianapolis Division, to dismiss the case for lack of federal jurisdiction. The…