Supreme Court creates civil legal services commission
Providing access to civil legal services for low-income Hoosiers will be the focus of a commission established by order of the Indiana Supreme Court.
Civil Case
Articles
Brown County logging damages award stands
A landowner’s award of $55,572.50 in damages caused by a logging contractor at a property in Brown County was properly calculated, the Indiana Court of Appeals ruled Thursday.
ACLU alleges IMPD officers infringed panhandlers’ free-speech rights
The ACLU of Indiana has filed a federal lawsuit claiming the city and Indianapolis Metropolitan Police Department officers violated the free speech rights of indigent panhandlers ordered to move from near Circle Center Mall last week.
Judge advocates expanding Gideon to provide lawyers in non-criminal cases
While some legal scholars lament the deterioration of Gideon v. Wainwright 50 years after the landmark Supreme Court of the United States decision, Marion Superior Judge David Dreyer is calling for an expansion of the principle to include civil litigants.
Judge advocates expanding Gideon to provide lawyers in non-criminal cases
While some legal scholars lament the deterioration of Gideon v. Wainwright 50 years after the landmark Supreme Court of the United States decision, Marion Superior Judge David Dreyer is calling for an expansion of the principle to include civil litigants.
Lauren Spierer’s parents sue 3 in daughter’s disappearance
The parents of missing Indiana University student Lauren Spierer have asked the federal court in Indianapolis for a civil jury trial in a lawsuit against students believed to have last been with her before her disappearance two years ago.
Specificity requirement does not extend to limitations of liability, 7th Circuit rules
The 7th Circuit Court of Appeals has ruled that a contract clause limiting liability stands because the two commercial entities that entered into the agreement were sophisticated and knowingly negotiated the terms.
Subcontractor’s suit belongs in Hamilton County
The Indiana Court of Appeals Thursday reversed the denial by an Allen Circuit judge to remove a lawsuit brought in that county to Hamilton County, where two parties to the lawsuit had agreed in a contract any legal claims would be handled.
BMV ‘may have inadvertently overcharged’ for licenses
The Bureau of Motor Vehicles acknowledged in response to a multi-million-dollar class-action lawsuit that it “may have inadvertently overcharged” Indiana residents for driver’s licenses.
Court erred in barring expert witness in decade-old software suit
A trial court erred when it excluded the expert testimony of a witness who sought to address damages for a software company whose former employees allegedly violated non-compete clauses.
Marion County’s Odyssey transition: a tech-free week
The clerk’s office in Indianapolis’ City-County Building is in the middle of a throwback week, revisiting a simpler time when a hand stamp on paper was all you needed to file court documents. Blame technology.
Summary judgments on federal preemption are reversible error
The Indiana Court of Appeals has found an exterminator and the insecticide maker should not have been granted summary judgments on the issue of federal preemption.
Marion County Odyssey transition may cause delays
Civil filings in Marion Circuit and Superior courts could experience delays after Friday when the JUSTIS case management system will go offline pending a transition to the Odyssey CMS. Odyssey is slated to go live in the civil courts May 13.
Roche owes Marsh Supermarkets $18M for breaking sublease
The Indiana Court of Appeals upheld judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.
Cedar Lake allowed to dissolve Parks Department, board
A Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry is based on the state’s Home Rule Act.
Man must reinstate original complaints for lawsuits to proceed
The Indiana Court of Appeals held Thursday that a man with a propensity to sue over purchases made online may not file a new lawsuit in Marion County after a similar one was dismissed without prejudice.
Lake County man warned against disparaging bench
A Lake County man with a history of filing unsupported allegations and derogatory comments in pleadings was rebuffed on his latest appearance before the Indiana Court of Appeals, which warned him against disparaging the bench.
Judges uphold $600k sanction for contempt
After initially vacating a District judge’s $600,000 sanction against SonCo Holdings for contempt of court and remanding it to the lower court for more proceedings, the 7th Circuit Court of Appeals upheld the sanction Friday.
Trouble with the Curves: Ex-husband still owes for franchise’s default
A couple’s failure to inform a landlord of their divorce doesn’t excuse the ex-husband from a default judgment on rent payments for a health club that his former wife continued to run.
COA orders hearing on man’s request to remove name from JTAC website
The Indiana Court of Appeals ruled that it has no authority to remove a man’s name from the Judicial Technology and Automation Committee website and law enforcement databases after a protective order against him was dismissed. But the judges remanded for a hearing before the trial court on David Cook’s claims.