Supreme Court amends rules for original actions
The Indiana Supreme Court on Friday made numerous changes to the Rules of Procedure for Original Actions Writs of Mandate and Prohibition. The amended rules will take effect at the start of next year.
Civil Case
Articles
Indiana election suit plaintiffs waiting for fees, watching voting statutes
In the only election lawsuit the state did not appeal, the plaintiffs have filed a third request with the Southern Indiana District Court for more time in filing a petition for attorney fees.
Justices to hear oil company’s appeal of denied insurance ransomware claim
The Indiana Supreme Court has agreed to hear an oil company’s appeal of a ruling against its claim for insurance coverage after it paid a ransom to hackers to regain control of its computer systems.
Barrett joins Supreme Court arguments for the first time
Justice Amy Coney Barrett is expected to join her Supreme Court colleagues on Monday to hear arguments for the first time. Participating in oral arguments will be among the first things Barrett, a former University of Notre Dame law professor, will do after being confirmed last week in a 52-48 virtual party-line vote.
Warrant issued for former University of Evansville coach
A judge has issued an arrest warrant for former University of Evansville basketball coach Walter McCarty after he missed a court hearing in a civil lawsuit filed on behalf of a bank.
Marion Superior Court releases pandemic-related jury service PSA
Just months after the Marion Superior Court commenced in-person jury trials after a hiatus due to the COVID-19 pandemic, the court has released a public service announcement to better inform prospective jurors about newly implemented safety procedures.
Defunct Charlestown zoo owner arrested in New York
After more than three weeks at large, the owner of a former Charlestown zoo has been arrested in upstate New York. He faces extradition to Indiana to face criminal and civil proceedings.
Compelled contract? Indiana Supreme Court considers arbitration agreement in nursing home lawsuit
After hearing oral argument on petition to transfer Sept. 24, the court must now decide if it will rule in a dispute filed by an elderly woman and her representative against the Carmel assisted living facility where the woman once lived and an independent contractor hired by the facility who is accused of raping her.
Ex-judge, assistant accused of estate fraud, will tampering face escalating claims
The stakes have been raised in a lawsuit against a former northern Indiana judge and an employee of his law office accused of swindling the estate of a deceased client whose will bequeathed more than $700,000 to local charities — money the charities say they never received.
Judge recommends criminal count dismissal in duck boat case
A federal magistrate judge has recommended that criminal charges be dismissed against three men indicted over a duck boat sinking on a Missouri lake that killed 17 people two summers ago, including nine members of an Indianapolis family.
Appeals court rules for FSSA in health care transfer penalty dispute
Rulings on motions to dismiss a lawsuit brought by the Indiana Family and Social Services Administration and other entities against a now-deceased woman in a transfer penalty dispute were partially reversed Thursday by the Indiana Court of Appeals.
Farm feud: CAFO challenge turns to U.S. Supreme Court
Hendricks County families who live with the odor from a nearby 8,000-hog farm for years have lost their nuisance, negligence and trespass claims against the concentrated animal feeding operation. After unsuccessfully seeking relief from the Indiana Court of Appeals and a divided Indiana Supreme Court, they are now turning to the U.S. Supreme Court.
In Anthem-Cigna ‘soap opera,’ judge hands damages to neither
A Delaware judge rebuffed efforts by both Cigna Corp. and Anthem Inc. to collect billions over their failed merger, saying Cigna had breached its obligations but the merger was likely to have been blocked on antitrust grounds anyway.
Supreme Court upholds dismissal of negligence claim against school district
A man who waited two months to seek reinstatement of a dismissed negligence claim against an Indianapolis school corporation will not be able to pursue his claim further after the Indiana Supreme Court determined his reinstatement bid was actually a collateral attack on a trial court order.
Advisory opinion: Judges can advise family members behind the scenes
Indiana judges can advise family members on legal issues, but they must do so in a behind-the-scenes way that does not “trade on the prestige” of their office, a judicial ethics opinion issued Thursday says.
Marion County courts plan to resume jury trials
Following a months-long hiatus, the largest county court system in Indiana will resume felony jury trials next week. The Marion Superior Courts announced that major felony trials will resume Monday, while low-level felony, misdemeanor and civil jury trials will resume the week of Sept. 14.
US Courts seeking public comment on proposed rule changes
Comments from the public are now being sought by the United States Courts on numerous appellate, bankruptcy, civil and criminal rules.
Judgment for ISU affirmed in locker room voyeurism case
A former Indiana State University volleyball player who sued the university upon learning a campus locker room was being secretly filmed by a fellow student could not convince the Indiana Court of Appeals that granting ISU’s motion for summary judgment was a mistake.
Will missing in estate fraud suit against disgraced lawyer, assistant
The original will at the center of a six-figure estate fraud case is missing, according to recent court filings in a civil lawsuit. Charities alleging the law firm that handled the estate absconded with the money also have subpoenaed the Indiana Supreme Court Disciplinary Commission for records in the related ethics case that led to the recent resignation of attorney and one-time judge Robert Monfort.
Judge nixes Trump bid to delay suit from woman alleging rape
A New York judge knocked down President Donald Trump’s bid to delay a lawsuit from a woman who accused him of rape, ruling in a decision released Thursday that the presidency doesn’t shield him from the case.