Divided COA rules karate kick is an issue of material fact
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
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Breyer says US Supreme Court not diminished with only 8 members
Justice Stephen Breyer said Monday that the Supreme Court of the United States has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.
Property manager not liable in drunken driving crash, COA holds
The Indiana Court of Appeals ruled the property management company of a Camby bar has no duty of care to a woman who was seriously injured in a car accident in which she and the driver were intoxicated.
Officer cleared in black man’s death, prosecutor criticized
After two trials and no convictions, Baltimore's top prosecutor faces criticism that she moved too quickly to file charges against six officers in the case involving a 25-year-old black man who died a week after he was critically injured in police custody, triggering protests and riots a year ago.
Court of Appeals hears woman’s appeal of feticide conviction
Indiana appeals court judges grilled an attorney for the state Monday over whether there was evidence a woman found guilty of neglect and feticide in a self-induced abortion knew she had given birth to a live child.
COA divided over general contractor’s duty to provide safe workplace
The Indiana Court of Appeals voted 2-1 Monday to affirm summary judgment in favor of the general contractor of a Lafayette Gander Mountain project where a subcontractor’s employee was injured. The majority concluded the general contractor did not have a non-delegable contractual duty toward the injured worker.
COA deals blow to AG’s foreclosure lawyer consumer suit
An effectively disbarred Florida attorney whose company hired Indiana lawyers to represent people in foreclosures must face a consumer lawsuit brought by the Indiana Attorney General’s Office, but her company is largely exempted, the Indiana Court of Appeals ruled Monday.
Molest conviction affirmed; habitual offender waiver remanded
The Indiana Court of Appeals found a counsel’s mistake did not constitute judicial admission in a man’s trial when he was found guilty of molesting his stepdaughter. But the appeals court remanded his guilty plea for being a habitual offender, finding he did not waive his right to trial on the issue at court, his attorney did.
Tom Brady to appeal ‘Deflatgate’ suspension again
Tom Brady will appeal his four-game suspension by the NFL, seeking a second hearing before a circuit court.
High court ruling helps federal workers file job bias claims
The Supreme Court of the United States is making it easier for federal workers to file employment discrimination lawsuits after quitting their jobs over conditions they consider intolerable.
Supreme Court throws out death sentence from all-white jury
The U.S. Supreme Court ruled decisively in favor of a death-row inmate in Georgia on Monday, chastising state prosecutors for improperly keeping African-Americans off the jury that convicted him of killing a white woman.
Ex-Subway pitchman Fogle asks appeals court to cut sentence
The judge who sentenced former Subway pitchman Jared Fogle to more than 15 years in prison mistakenly believed he was involved in producing child pornography, and his sentence should therefore be reduced, Fogle's attorney said during a hearing Friday.
Indiana court to hear woman’s appeal of feticide conviction
Attorneys for an Indiana woman found guilty of killing the premature infant she delivered after ingesting abortion-inducing drugs will ask an appeals court Monday to throw out the convictions that led to her 20-year prison sentence.
State opposes IU’s bid to join suit challenging abortion law
Indiana's attorney general is opposing Indiana University's effort to join a federal lawsuit that seeks to block a new state law mandating that aborted fetuses be buried or cremated.
‘Abusive litigant’ loses appeal for damages
The Indiana Court of Appeals denied a prolific litigant’s attempt to get more than $30,000 in damages after he claimed a printer he purchased online for less than $75 did not work and then sued for thousands of dollars in damages.
Ex-attorney from Richmond avoids jail for bilking clients
A former Richmond attorney will not spend any time in jail despite pleading guilty to eight felony theft charges of taking money from clients but never filing their bankruptcy petitions.
Felon firearm possession charge affirmed on appeal
An Indianapolis man convicted of possession of a firearm by a serious violent felon failed to persuade the Indiana Court of Appeals that the search that led to discovery of the gun wasn’t supported by reasonable suspicion.
Man loses home damage appeal that blamed neighbor’s watering
A man whose Monroe County home was lost to mold contamination lost his appeal of a jury verdict in favor of his neighbor. The homeowner had claimed his neighbor’s excessive watering of her lawn caused water damage to the basement of his home.
COA: Lack of warning signs reinstates suit in fatal crash
The Indiana Court of Appeals found the Hancock County Board of Commissioners was not liable for the way an intersection was designed but found there was an issue of material fact as to whether the county should have installed warning signs there. A man was killed at the intersection in 2009 in a crash with another vehicle, triggering a lawsuit.
Newborn blood sample case appealed to Indiana’s high court
An Indiana couple seeking the destruction of millions of newborn blood samples stored in a state warehouse is appealing their case to the Indiana Supreme Court. The couple’s attorney filed a petition Thursday asking the state high court to take up the case.