South Bend man wins partial reversal of sewer nuisance suit
A man who sued South Bend claiming that noxious gas from city sewer lines had been forced into his home may proceed with part of his lawsuit against the city.
Courts
Articles
5 finalists named for St. Joseph judicial position
The St. Joseph County Nominating Commission announced Tuesday the five finalists to fill the upcoming vacancy on the Superior Court due to Judge Jerome Frese’s pending retirement.
Judge puts brakes on California Uber drivers’ suit outcome
Uber Technologies Inc. won a ruling that may put off the outcome of a bid by California drivers to be treated as employees in a lawsuit that has grown dramatically both in size and potential liability.
Tennessee Supreme Court updates attorney licensing rules
The Tennessee Supreme Court has approved changes to the way attorneys are licensed to practice in the state, including allowing drug tests as part of the character investigation.
Marion County residents mount court challenge to stop project
Three Ransom Place residents in Indianapolis are challenging the city’s approval of a large residential project planned for the neighborhood and are asking a Marion County judge to stop the $10 million development.
COA upholds decision to deny Edinburgh tax deed
A trial court did not err when it entered an order denying the town of Edinburgh’s request for the issuance of a tax deed and granting the landowner equitable relief, the Indiana Court of Appeals held Tuesday.
Split court reverses dismissal of complaint against probation officers
The Indiana Supreme Court decided 3-2 Tuesday to reverse the dismissal of a man’s claims arising out of his incarceration for a probation violation that allegedly occurred after his term of probation had expired.
Appeals court concerned about fee-shifting provisions in domestic relations cases
The Indiana Court of Appeals affirmed a trial court’s decision to not award a mother attorney fees despite the inclusion of a fee-shifting provision in her divorce settlement. In doing so, the appeals court pointed out how these provisions may go against public policy.
COA rules in contentious attorney fees case
The Indiana Court of Appeals had harsh words for the three lawyers involved in a protracted, unprofessional legal battle over attorney fees owed in a breach of contract lawsuit against Lake Station, Indiana.
Driverless cars give lawyers bottomless list of defendants
Imagine a robot car with no one behind the wheel hitting another driverless car. Who’s at fault?
7th Circuit orders new resentencing hearing
A man who appealed the parts of his Section 2255 proceeding that were denied, as well as his new criminal judgment entered on rehearing, will be getting a new sentencing hearing, the 7th Circuit Court of Appeals determined Monday.
COA: Breath test properly admitted
A man convicted of drunken-driving failed to convince the Indiana Court of Appeals that the state did not prove that the chemicals used in his breath test equipment were certified under Indiana administrative rules.
Judge believes restitution order properly entered
An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.
Court rules in favor of Columbia Sportswear in income tax dispute
The Indiana Tax Court ruled Friday that the Indiana Department of State Revenue’s adjustments to Columbia Sportwear’s net income for tax years 2005-2007 were not proper and granted summary judgment in favor of the clothing company.
Fired paramedic with diabetes settles discrimination case
A former fire department paramedic has settled a civil rights claim for $725,000 after being fired because of two health episodes related to diabetes, her attorneys announced Saturday.
Justices to hear arguments over Indy OTB smoking
The Indiana Supreme Court has scheduled arguments next month that could determine whether an Indianapolis off-track betting parlor may continue to allow smoking that’s otherwise banned in Marion County bars, restaurants and public places.
7th Circuit divided over injunction in defamation case
The 7th Circuit Court of Appeals Friday found an injunction issued in a case involving religious artifacts and defamation claims was entirely too broad and threatened to silence the defendants completely. But the judges were split over whether the district court should be able to modify the injunction.
Bankruptcy court seeks comment on expanding mediation procedure
The U.S. Bankruptcy Court for the Southern District of Indiana is seeking comment on its proposed expansion of a mortgage loss mitigation mediation program currently used in the New Albany division.
Attorney admission fees increasing in Southern District
Beginning Jan. 1, the attorney admission to practice fee and the pro hac vice motion fee will increase in the U.S. District Court for the Southern District of Indiana.
Parties settle latest dispute over Franklin County courthouse nativity
A lawsuit filed on behalf of the national nonprofit Freedom From Religion Foundation and the Satanic Temple challenging a nativity scene on the Franklin County courthouse has been settled. This is the second lawsuit filed in less than a year over the religious display.