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.
Civil Case
Articles
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.
Justices agree to again hear long-running IBM dispute
A years-long legal battle between the state of Indiana and IBM Corporation over a failed welfare benefits processing upgrade will continue now that the Indiana Supreme Court has again granted transfer to the long-running dispute.
Truckers sue the state for increased toll road fees
A group of truck drivers is suing Indiana Gov. Eric Holcomb for the increases in toll road fees that took effect last year along the 157-mile Indiana Toll Road across the northernmost counties of the state.
Suit blames sorority in death of college athlete from Indiana
The mother of a player from Indiana on the Northwestern University women’s basketball team who died in 2017 has sued a sorority claiming hazing by its members led to her daughter's suicide.
Justices to hear arguments in murder, jurisdiction cases
The Indiana Supreme Court is set to hear argument in several cases this week, including a man’s post-conviction appeal of his three separate sentences for murder in Floyd County.
Unnamed IMPD officers sued for destroying homeless camp
A suit filed by the American Civil Liberties Union of Indiana on behalf of homeless clients alleges two as-yet unidentified Indianapolis police officers unlawfully seized and destroyed the belongings of five homeless individuals who had been living under a railroad bridge.
New site a landing page for civil legal aid
The Coalition for Court Access recently launched the website Indianalegalhelp.org. Now, Hoosiers needing help with a divorce, child custody issue, eviction or other civil legal problems have a new place to find answers and additional resources without having to make a phone call, schedule an appointment or even drive to a courthouse.
Hoosier students freed from school debt in multistate settlement
More than 195,000 students will not have to pay their school debt after a national settlement agreement between Career Education Corporation and 49 states, including Indiana.
Suit naming Vaidik, appellate clerk, DOC employees tossed
The dismissal of a suit brought against Indiana Court of Appeals Chief Judge Nancy Vaidik, the clerk of Indiana’s appellate courts and two Department of Correction employees has been affirmed, with a panel of the COA finding judicial immunity and insufficient facts bar the case from proceeding.
No malicious intent found in prosecution of debt suit
The Indiana Court of Appeals affirmed summary judgment for a heavy equipment company when it found there was no malicious prosecution of an Indiana quarry and its owner over a debt.
Appeals panel upholds Charlestown water utility sale
A southern Indiana community’s sale of its water utility was affirmed Monday after a challenge by a nonprofit group opposed to the deal. The Indiana Court of Appeals let stand the sale of the City of Charlestown water utility to Greenwood-based Indiana-American Water Company, Inc.
Federal court rebuffs latest Monarch-linked liquor law challenge
An Indiana motor carrier’s attempt to transport liquor for a Michigan City wholesaler has been blocked by the Southern Indiana District Court, which found the proposed arrangement could potentially circumvent Indiana’s three-tiered alcohol distribution and sales system.
Ex-officers’ wiretap lawsuit against Pittsboro police advances
A lawsuit by former officers against Pittsboro police claiming the department secretly recorded their conversations in violation of federal wiretapping laws will proceed, a federal judge has ruled.
Judge threatens sanctions in DOC suit; attorneys claim honest mistakes
Two Indianapolis attorneys accused of filing false declarations on behalf of their state clients in an inmate’s excessive force lawsuit are facing federal court sanctions for the alleged misconduct, though the attorneys claim the issues giving rise to the court’s concerns were the result of honest mistakes.
ILAS pushing harder on holiday campaign
The Indianapolis Legal Aid Society has again kicked off its annual holiday campaign, the nonprofit’s major fundraiser that has undergone many tweaks and alterations in recent years but remains the primary source for unrestricted dollars.