Courts - The Indiana Lawyer

Seeking a safe harbor: Manufacturers call for liability protections amid COVID-19 efforts

June 24, 2020 | Olivia Covington

As the novel coronavirus began its spread across the United States, virtually every industry adjusted operations. That includes the manufacturing industry, which was faced with the dichotomy of the need for layoffs and the need for additional output. But as these businesses have aided in the effort to slow the spread of the virus, industry experts say there’s a shadow over their work: the fear of liability lawsuits.

Dreyer: Judge John Baker — A ‘listening’ kind of justice

June 24, 2020 | David J. Dreyer

As his judging life comes to a crossroads, Judge John Baker sees similarities between his first days in small claims court and his last days now on the Court of Appeals.

7th Circuit rejects sentence appeal as ‘way short of due diligence’

June 23, 2020 | Katie Stancombe

The 7th Circuit Court of Appeals has affirmed the denial of a man’s claim that he is entitled to resentencing, concluding that his request was much too late.

Second round of interviews announced for coming COA vacancy

June 23, 2020 | IL Staff

Seven semifinalists vying for the Indiana Court of Appeals judicial vacancy left by retiring Judge John Baker will be interviewed in person by the Judicial Nominating Commission on July 1. The interviews come after 13 applicants were interviewed remotely earlier this month.

COA affirms driver waived claims of error in car accident case

June 22, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a jury’s verdict in a car accident dispute, finding the driver determined most at fault has waived his claims of error.

Battery convictions sustained for man who burned child

June 22, 2020 | Katie Stancombe

A man convicted of burning his girlfriend’s child could not convince the Indiana Court of Appeals on Monday that his several convictions of battery subjected him to double jeopardy.

Supreme Court rules SEC can recoup money in fraud cases

June 22, 2020 | Associated Press

The Supreme Court on Monday preserved an important tool used by securities regulators to recoup ill-gotten gains in fraud cases.

Judge reduces jury damages award for doctor in defamation case

June 19, 2020 | Dave Stafford

A doctor will have to settle for just $3.5 million in damages rather than the $4.75 million a Marion Superior jury awarded after a judge on Friday reduced the jury’s award in a defamation case brought against a Carmel hospital after the doctor was falsely accused of drinking on the job.

7th Circuit removes East Chicago lead pollution case to federal court

June 19, 2020 | Dave Stafford

Companies sued by residents who claim their former housing complex in East Chicago was polluted by toxins including lead and arsenic prevailed in their bid to have the case heard in federal rather than state court. In doing so, the 7th Circuit Court of Appeals also eased the standard for when a defendant may assert a defense of acting under federal authority.

COA affirms denial of mother’s premature motion to modify child custody

June 18, 2020 | Katie Stancombe

A mother who fought to modify custody of her two children before the court entered her dissolution decree has had her request rejected by the Indiana Court of Appeals.

Charlestown zoo barred from taking in new animals

June 18, 2020 | Associated Press and IL Staff

An embattled wildlife center in southern Indiana that’s being sued by the state and by an animal welfare group for allegedly abusing big cats and other exotic animals cannot take in new animals while that lawsuit is pending, a judge has ruled.

Appeals court remands for sentencing order to reflect not guilty verdict

June 18, 2020 | Katie Stancombe

A sentencing order that failed to account for a man’s not guilty verdict prompted a remand from the Indiana Court of Appeals on Thursday to fix the omission.

Court rejects Trump bid to end young immigrants’ DACA protections

June 18, 2020 | Associated Press

The United States Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants, a stunning rebuke to the president in the midst of his reelection campaign.

Court strikes down Trump rule that drugmakers disclose price

June 17, 2020 | Associated Press

In a major legal setback for President Donald Trump on a high-profile consumer issue, a federal appeals court has ruled that his administration lacks the legal authority to force drug companies to disclose prices in their TV ads.

3-year sentence affirmed for woman who drove after lifetime ban

June 17, 2020 | Katie Stancombe

A woman who was found driving in violation of the lifetime forfeiture of her driver’s license could not convince the Indiana Court of Appeals on Wednesday that her sentence was inappropriate.

SCOTUS halts Texas execution over clergy question

June 17, 2020 | Associated Press

The US Supreme Court granted a reprieve Tuesday to a Texas inmate scheduled to die for his conviction of fatally stabbing an 85-year-old woman more than two decades ago, continuing a more than four-month delay of executions in the nation’s busiest death penalty state during the coronavirus pandemic.

Simple math suggests complex back story at Supreme Court

June 17, 2020 | Associated Press

Supreme Court watchers were left scratching their heads when they learned Justice Neil Gorsuch was the author of Monday’s landmark LGBT rights ruling, but not because the appointee of President Donald Trump might have been expected to side with his conservative colleagues in dissent.

COA affirms for daughters against late father’s wife in will dispute

June 16, 2020 | Katie Stancombe

Two daughters who claimed their father was of unsound mind when he executed a purported will and that his new wife tortiously interfered with their inheritance won a judgment against her from the Indiana Court of Appeals.

Lake County judges join call to reaffirm principles of justice, equality

June 16, 2020 | IL Staff

The presiding judges of the Lake Circuit and Superior Courts have issued a statement against racism and in support of due process and equal protection.

AG Hill accusers vow to pursue ‘all available civil claims’ in state court

June 16, 2020 | Olivia Covington

After a federal court ruling that terminated Indiana Attorney General Curtis Hill as a defendant in their lawsuit, the four women who accuse Hill of sexual misconduct say they will “continue their pursuit of all available civil claims” against the AG.

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