COA: Lawyer’s $3.4M fee wrongly applied in child support
A trial court miscalculated the impact of a Merrillville lawyer’s $3.4 million legal fee in a personal injury case on his child support obligation, the Indiana Court of Appeals ruled Friday.
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Med-mal judgment for insurers against hospital reversed
The Indiana Court of Appeals reversed the grant of summary judgment for two insurance companies when it found they were estopped from denying the applicability of the Indiana Medical Malpractice Act to their claims.
COA sends houseboat dispute to arbitration
A dispute between the purchasers and supplier of a Daviess County houseboat must go to arbitration after an Indiana appellate panel determined a trial court ruling did not overrule an arbitration clause signed by both parties.
Judgment for lender upheld in race discrimination suit
The 7th Circuit Court of Appeals affirmed summary judgment for a lender after it found an African-American couple failed to prove they were denied a loan based on racial discrimination under the Equal Credit Opportunity Act.
Judge: Insurer has no duty to defend false sex assault claim
A federal judge has ruled an insurer does not owe a duty to defend a female student who made a false accusation of sexual assault against a Butler University student who subsequently sued the university and his accuser
Southern District e-filing changes proposed
The U.S. District Court for the Southern District of Indiana is seeking public feedback on proposed changes that would align e-filing rules to be more consistent with Federal Rules of Civil Practice.
Passenger’s drug, gun convictions from traffic stop affirmed
A passenger convicted of drug and gun felonies after he briefly stepped out of a car when police pulled it over lost his appeal Thursday. The Indiana Court of Appeals affirmed Gregory Wayne Parks’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony dealing in marijuana and two counts of Level 6 felony possession of a controlled substance.
Appeals court rejects judge’s civil commitment as court business record
The Marion County probate judge’s method of opening new cases to approve all of the mental health civil commitment recommendations of magistrate judges and commissioners during a given period of time was rejected Thursday by the Indiana Court of Appeals.
Splenda maker settles trademark lawsuit against IHOP, Applebee’s franchisor
The Carmel-based maker of Splenda sweetener has settled a legal dispute with the franchisor of International House of Pancakes and Applebee’s, which it sued last year for trademark infringement.
Man gets 120 years for killing 2 women in Indianapolis
A Gary man has been sentenced to 120 years in prison after being convicted of shooting and killing two women whose bodies were discovered in a burning car in Indianapolis.
Hill defends abortion law’s validity, argues idea is new
Indiana’s recent request for the nation’s highest court to review an abortion law struck down by federal courts has some legal watchers wondering whether the case could be a gateway for dismantling of abortion rights.
DCS criticized for lax notice, but mom’s termination affirmed
The Indiana Court of Appeals reprimanded the Indiana Department of Child Services on Wednesday for failing to comply with notice requirements, while also affirming a mother’s termination of parental-child relationship for her failure to communicate with DCS.
Habitual offender enhancement vacated for failure to inform
The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.
COA: Jury trials unavailable for expungements
A Jasper County man who argued the trial court erred in denying his request to expunge a school suspension from his record and in not holding a jury trial has lost both arguments on appeal, with an appellate panel specifically holding that expungement issues are not entitled to a jury trial.
Supreme Court names Forkner as new CAO
The Indiana Supreme Court has named a new chief administrative officer, succeeding the former CAO who abruptly resigned earlier this year.
New lawyers reminded of civility, service and family at admission ceremony
Emphasizing civility and community service, Indiana state and federal judges along with other members of the legal profession welcomed nearly 300 new attorneys to the practice of law Tuesday as part of the Indiana Supreme Court Admission Ceremony.
Appellate court affirms summary judgment for rental property owner in insurance dispute
The Indiana Court of Appeals affirmed the grant of summary judgment to a rental property owner involved in an insurance dispute following a house fire of one of her rental properties after finding a garage that was damaged in the fire should have been covered under the property’s insurance policy.
COA affirms denial of ineffective counsel PCR claim
The Indiana Court of Appeals affirmed Tuesday the denial of a man’s successive petition for post-conviction relief, finding the man’s trial attorney’s strategy was not constitutionally ineffective.
Disciplinary Actions
Read who has been found in contempt, reinstated, reprimanded and suspended in the most recent reporting period.
Multi-jurisdictional estate planning requires research, collaboration
Every year like clockwork, when the leaves change and the temperature drops, thousands of Indiana residents flee the bitter Hoosier winter in favor of a warmer southern climate. Most often, these snowbirds find themselves wintering in Florida, and many decide to permanently relocate to the Sunshine State. While this decision to relocate is beneficial to […]