Coal mine environmental risk grows with bankruptcies
As more coal companies file for bankruptcy, it’s increasingly likely taxpayers will be stuck with the very high costs of preventing abandoned mines from becoming environmental disasters.
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Supreme Court disbars South Bend lawyer
The Indiana Supreme Court issued a disbarment decision Wednesday finding Elton Johnson committed attorney misconduct in a number of ways. The per curiam decision lists incompetent representation, converting client funds and failing to cooperate with the disciplinary process as reasons for Johnson’s disbarment.
Ex-credit union chief loses defamation per se appeal
The Indiana Court of Appeals affirmed summary judgment for an employer after the president of a company was fired over an executive’s hotline call. The president claimed defamation per se and considered the hotline company liable, but the COA ruled comments made during the call were not defamatory.
COA reinstates ex-boyfriend’s complaint for damages
The Indiana Court of Appeals found a man’s complaints for compensation against his girlfriend for work he did on two houses, including a house they both lived in, should not have been dismissed. The case was remanded to the trial court.
US backs Syrian refugees against Pence at 7th Circuit
The Department of Justice is urging the 7th Circuit Court of Appeals in Chicago to affirm an Indianapolis district court judge’s ruling that blocked Gov. Mike Pence’s directive to suspend federal aid to Syrian refugees resettled in Indiana.
COA: Search under probation did not violate Fourth Amendment
The Indiana Court of Appeals found a warrantless search of property did not violate a man’s Fourth Amendment and Indiana Constitutional rights and upheld the denial of his motion to suppress evidence after he was convicted of two methamphetamine counts.
COA upholds conviction, trims sentence in heroin case
The Indiana Court of Appeals upheld a man’s conviction but reduced his sentence for dealing heroin even though he didn’t actually participate in the transaction in one of the counts.
Judge dismisses sludge lawsuit against Terre Haute
A federal judge has dismissed a lawsuit that alleged the city of Terre Haute and its officials defaulted on an agreement to take out water from waste and use the sludge to make fuel.
Teen courts across northwest Indiana dole out justice
The Teen Court program in Lake County, along with others in northwest Indiana, gives teens an alternative to the traditional trajectory of juvenile justice. The program uses a novel approach in which a jury of teens decides the punishment for peers who are diverted from the juvenile justice system.
Indiana Supreme Court establishes new committee for civil legal aid
In an amendment to the Indiana Rules of Professional Conduct, the Indiana Supreme Court is revamping its response to civil legal aid.
2 at IPS accused of not reporting sex abuse get diversion
Two Indianapolis Public Schools officials charged with not immediately notifying authorities of sexual abuse allegations against a former counselor have agreed to enter pretrial diversion programs.
7th Circuit: Man not eligible for sentence reduction
The 7th Circuit Court of Appeals affirmed a prisoner is not subject to a sentencing reduction after it ruled an amendment that decreased the recommended penalties for the crimes he committed did not allow for a reduction.
Insurer who paid wrong party doesn’t have to pay correct one
The 7th Circuit Court of Appeals affirmed summary judgment for an insurance company that acknowledged paying a death benefit to the wrong party but successfully argued that the proper recipient waived its right to the proceeds by allowing the wrong party to claim the money.
COA: Evidence obtained during welfare check is admissible
The Indiana Court of Appeals ruled evidence from a search where police officers went into a house without a warrant to check on the children was valid evidence at trial and affirmed denial of a woman’s motion to suppress.
Disciplinary Actions – 5/18/2016
Read who resigned and who the Indiana Supreme Court recently suspended.
Rucker likely to leave Supreme Court in 2017
Justice Robert Rucker, a Gary native appointed to the court by Democratic Gov. Frank O’Bannon in 1999, will turn 70 in January. Rucker informally has informed lawyers and judges he intends to retire from the court sometime next year in order to begin a dialog among those who may consider serving on the court.
Statewide crisis of CHINS stretches judicial resources
The increase in filings of juvenile children in need of services petitions across the state has been growing steadily since 2011 but ballooned to 14,227 in 2014 and could likely top 17,500 for 2015.
Slaughter moves from arguing high-profile cases to judging them
New Indiana Supreme Court Justice Geoffrey Slaughter brings an impressive resume and a wealth of experience, but he acknowledges a couple of learning curves ahead.
Surgery centers sue No.1 insurer UnitedHealthcare
Several Indiana surgery centers are suing the nation’s largest health insurance company, claiming it violated state and federal law by failing to pay for services the centers’ doctors provided to patients. In a similar lawsuit against the insurer, a key dispute is what the word “pay” means.
Donnelly, Coats pleased nomination hearing set for Ong
Indiana Senators Joe Donnelly and Dan Coats are applauding the U.S. Senate Judiciary Committee’s decision to consider the nomination of Hoosier Winfield D. Ong for the federal bench.