Justices grant 1 transfer, deny 26 others
The Indiana Supreme Court considered petitions to transfer in 27 cases during the past week, granting just one, which also was decided last week.
Civil Case
Articles
High court deciding fate of cross-shaped Maryland memorial
Supporters of a cross-shaped memorial to veterans of World War I are asking the US Supreme Court to overturn a ruling that its location on public land in Maryland violates the First Amendment establishment clause. Justices will hear the case Wednesday.
Justices deny transfer in 23 cases, splitting on 3
The Indiana Supreme Court denied 23 transfer requests last week, splitting on three of those cases.
In 9-0 ruling, SCOTUS rejects Indiana excessive civil forfeiture
The Eighth Amendment’s protection against excessive fines has been incorporated to the states via the 14th Amendment, the Supreme Court of the United States has unanimously ruled in deciding an Indiana civil forfeiture case that posed the question.
Lawsuit: Elkhart shares responsibility for crash that killed 3
A lawsuit says the northern Indiana city of Elkhart shares responsibility for a crash that killed two children and a man who were walking along a sidewalk.
Supreme Court deciding commercial courts’ fate
After a nearly 3-year pilot project, the specialized dockets in six Indiana counties are getting positive feedback from litigants in business disputes.
Suit: Kids in CHINS cases need attorneys
A nonprofit that gave Indiana an F grade in how the state provides for minors in child in need of services and termination of parental rights hearings asserts in a new lawsuit that children a have right to counsel so their voices be heard in court.
Bill sought by child sex abuse survivors rerouted for study
Individuals who were sexually abused as children will have to keep waiting for justice, now that a bill that could potentially give them more time to sue their abusers has been routed for further study.
Tax Court affirms reduced Jeffersonville Meijer assessment
The Clark County assessor has lost her appeal of a determination that lowered the assessed value of a Jeffersonville Meijer store when the Indiana Tax Court found she failed to prove the decision was contrary to law, unsupported by substantial evidence, or was an abuse of discretion.
Final Cook Medical bellwether trial ends with verdict for plaintiff
The third and final bellwether trial over Cook Medical’s blood clot filters has concluded with the jury returning a $3 million verdict Feb. 1 for a plaintiff who claims because of the defendants’ defective product she faces numerous health risks including the risk of death.
Cameras in court: 7th Circuit ushers in oral arguments on video
The 7th Circuit did something historic recently — an Indiana case involving Purdue University marked the first time the appellate court turned on the cameras and recorded video of an oral argument.
Creation of agency settlement fund rankles Indiana AG
Indiana’s attorneys general have long participated in and even led multistate settlement work, but statutory language quietly slipped into the biennial budget during the 2017 legislative session has changed where the state’s portion of the money goes. And Indiana Attorney General Curtis Hill’s office says the switch has curtailed the investigations it can now pursue.
Judge: Exonerated man’s suit against Elkhart police may proceed
A civil rights lawsuit filed by pardoned ex-prisoner Keith Cooper has been allowed to continue, with a federal judge ruling Tuesday that Cooper’s federal malicious prosecution and related claims are not time-barred. However, the judge also raised questions as to whether the relevant statute of limitations should be revised.
Scotty’s Brewhouse founder faces new investor lawsuit for alleged fraud
Two large shareholders in the company behind local restaurant chain Scotty’s Brewhouse have filed a lawsuit against its founder, Scott M. Wise, alleging that he made false statements and failed to properly register their shares, causing the investors to lose more than $1 million.
Reversal tosses Kokomo officer’s stalking protective order
A Kokomo police officer lost her protective order against a man she alleged was stalking her after the Indiana Court of Appeals found there was insufficient evidence to support the claims.
Justices: Drive-away driver properly classified as contractor
A “middleman” business that matches drivers with customers needing drive-away services properly classified one of its drivers as an independent contractor instead of an employee, the Indiana Supreme Court ruled in an opinion meant to resolve a conflict between two lower court rulings.
Ambiguous weight limit statute leads to infraction reversal
The ambiguity of a state statute means a man performing farm drainage work in Henry County did not commit an infraction by driving his heavy equipment on a state highway, the Indiana Court of Appeals has ruled. However, the court noted its ruling was limited specifically to the facts of the instant case and was not an opinion on how the ambiguity might affect other circumstances.
COA: Expungement petitioners can’t cross-examine victims
Expungement petitioners do not have the right to cross-examine the victims of their crimes who submit victim impact statements, the Indiana Court of Appeals ruled in a Tuesday decision upholding the denial of a Marion County expungement petition.
Judgment for mesh implant makers upheld after woman’s death
The estate of a woman who died after a surgical mesh patch was implanted in her body will not be able to proceed with a lawsuit against the patch’s manufacturer and patent holder after the 7th Circuit Court of Appels upheld summary judgment for the defendants Tuesday.
Daughter’s estate appeal backfires; COA awards fees
The Indiana Court of Appeals found a trial court’s decision to approve an estate administrator’s final account was not clearly erroneous. Instead, it noted that a woman appealing the order acted in procedural bad faith, and thus ordered her to pay appellate attorney fees.