Bank not liable for more than $500,000 of forged checks
Two companies that were embezzled out of a half-million dollars sued the bank that processed more than 100 forged checks but couldn’t prove negligence to the Indiana Court of Appeals.
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Indiana Court Decisions — July 5-18, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Abortion experts say Kavanaugh can’t end Roe alone
As the U.S. Senate gears up for Brett Kavanaugh’s confirmation hearings and citizens continue discussing the potential impact the D.C. Circuit judge could have on the U.S. Supreme Court, one issue continually rises to the top of the dialogues: abortion rights and the possibility of overturning Roe v. Wade.
Lake Superior Judge Tavitas named to COA, succeeding Barnes
Lake Superior Judge Elizabeth Tavitas was on the bench on July 18 when her phone rang with a message that would change her career. It was a call from Indiana Gov. Eric Holcomb, informing her that she had been selected as Indiana’s next Court of Appeals judge.
12 recordings sent to prosecutors in Cohen probe
A dozen audio recordings seized by the FBI from President Donald Trump’s former lawyer, Michael Cohen, were forwarded to federal prosecutors after lawyers dropped challenges on attorney-client privilege grounds, a former judge revealed Monday.
Transgender student seeks injunction in bathrooms lawsuit
A federal judge is weighing whether to grant a preliminary injunction to allow an Evansville transgender student to use male bathrooms.
Coerced victim’s prior statement admissible, COA affirms
A victim unavailable to appear in court because of the defendant’s coercion to remain silent does not mean admitting her prior statements is considered hearsay, the Indiana Court of Appeals affirmed Monday.
Driver wins $500K judgment in Gibson County truck crash
A motorist injured when his vehicle was struck by a semi-truck whose driver was distracted by a dropped cellphone was awarded a $500,000 damages verdict in federal court in Evansville last week. Magistrate Judge Matthew Brookman entered judgment in favor of motorist Michael J. Smith and his wife, Marcia Smith, and against defendants Gregory Peterson and Triple B Trucking.
COA rules for DNR after dog killed by raccoon trap at park
A woman whose pet beagle was killed by a concealed raccoon trap in Versailles State Park has lost her bid for declaratory judgment against the Indiana Department of Natural Resources after the Indiana Court of Appeals determined the woman’s claims were moot. The court also found the dog’s sentimental value could not be considered in the calculation of damages.
Floyd County officials reach tentative settlement in jail death
A sheriff’s department in southern Indiana has reached a tentative settlement with the father of a woman who died in detention.
Indiana authorities reach tentative settlement in Floyd County jail death
The Floyd County Sheriff’s Department has reached a tentative settlement with the father of a woman who died in detention. An order was issued June 22 to file documents and authorize dismissal within 60 days of a civil case filed by Mark Robb against Floyd County Sheriff Frank Loop, the sheriff’s department and eight other employees.
Lake Superior Judge Tavitas named to COA, replacing Barnes
Indiana Gov. Eric Holcomb has named Lake Superior Judge Elizabeth Tavitas as the next member of the Indiana Court of Appeals. Holcomb selected Tavitas from a pool of three finalists: Tavitas, St. Joseph Superior Judge Steven Hostetler and Fort Wayne attorney David C. Van Gilder.
Court asked to deny Hill’s request to stop investigation
The Marion County Prosecutor’s office pushed back today against Indiana Attorney General Curtis Hill’s attempt to squash the appointment of a special prosecutor, saying his motion had “fatal flaws” and he was making a “dubious proposition.”
Indiana man arraigned in 1988 killing of 8-year-old girl
An Indiana man charged in the 1988 rape and murder of an 8-year-old girl has been arraigned in her slaying. An Allen County judge entered a not guilty plea for 59-year-old John D. Miller Thursday morning and assigned him a public defender.
Federal judge admonishes attorney after jailhouse ‘ruckus’
Plaintiffs’ counsel who took selfies with inmates and acknowledged causing a “bit of a ruckus” during a jail inspection got handed a protective order as well as a sharp rebuke from the U.S. District Court for the Southern District of Indiana.
COA affirms $4.8 million prejudgment interest award after $32 million verdict
The guardianship of a woman that previously received a $32.5 million jury verdict will also receive $4.8 million in prejudgment interest after the Indiana Court of Appeals found no error in the grant of the prejudgment interest award.
Equal distribution method, lack of substantial evidence leads to remand of benefits case
A lack of substantial evidence led the 7th Circuit Court of Appeals to remand a social security case filed by a woman who was denied benefits despite being severely impaired by a brain tumor.
Democrats fault Kavanaugh comment on independent counsel law
Democrats opposing Supreme Court nominee Brett Kavanaugh’s nomination are seizing on remarks he made in 2016 saying he would like to put the “final nail” in a Supreme Court precedent upholding an independent counsel law as constitutional. Republicans are pushing back, saying Kavanaugh’s comment is being distorted.
COA: Nearly identical medical malpractice, wrongful death cases filed too late
The Indiana Court of Appeals has granted summary judgment to physicians and their hospitals in three nearly identical medical malpractice and wrongful death cases filed more than seven years after the deaths of three patients after finding the actions could have been filed years prior.
Dems see Kavanaugh as Obamacare threat, but law likely safe
The heated debate over how Supreme Court nominee Brett Kavanaugh would vote on the Affordable Care Act might not matter. As long as five past defenders of the health care law remain on the nation’s highest court, the odds tilt in favor of it being allowed to stand. Some Democrats are warning that President Donald Trump’s designee could spell doom for the statute, even as some conservatives are portraying Kavanaugh as sympathetic to former President Barack Obama’s landmark legislation.