Government may appeal Conour’s 10-year sentence
Federal prosecutors who argued for tougher punishment may appeal the 10-year sentence imposed in October for former attorney William Conour who pleaded guilty to a single count of wire fraud.
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Husband can’t recover insurance proceeds after wife burns down house
The Indiana Court of Appeals Wednesday held that when an insurance company includes an explicit exclusion in its policy to cover loss resulting from an intentional act by a co-insured, the court will enforce that exclusion. Because a man’s policy included such an exclusion, he can’t recover insurance proceeds after his wife burnt down their home on purpose.
Christie elected to Judicial Nominating Commission
Lawyers have elected Indianapolis attorney Lee Christie to the Judicial Nominating Commission.
Notre Dame refiles suit against Obamacare ‘contraception mandate’
The University of Notre Dame has refiled a federal lawsuit seeking to block enforcement of the so-called contraception mandate included in the Patient Protection and Affordable Care Act.
Denial of SSI reversed for failure to consider mental health
A woman who claimed disability in part because of her diminished mental health will get another chance to present her case after the 7th Circuit Court of Appeals found the administrative law judge did not properly consider the opinions and testimony regarding the woman’s mental condition.
Sentenced as adult at 12, new plea may free Gingerich at 18
A boy who at age 12 was convicted of conspiracy to commit murder and improperly sentenced as an adult to serve 25 years in prison may be freed when he turns 18, according to a pending plea agreement.
Schools get $14 million settlement in ISTA, NEA securities suit
Four-year-old litigation over $27 million lost by at least 27 Indiana public school systems that invested in a troubled teachers union-sponsored health insurance plan has concluded with a settlement in which schools will receive about $14 million.
Judge finds Google’s book project ‘transformative’
Attorneys differ on whether the recent ruling benefits society or opens the door for infringement.
Indiana Judges Association: ‘You can’t eat the Constitution’
Like most judges, Shay Minton’s achievements were numerous, but largely unmeasured.
Kraft wins in food fight with Cracker Barrel
A federal appeals court ruled recently that savvy consumers might be confused if food branded Cracker Barrel Old Country Store was sold in grocery stores that carry Kraft’s Cracker Barrel brand cheese. Turns out even a law professor who teaches a course on trademarks and unfair competition might be fooled.
State, IBM contest $62 million award for canceled welfare contract
Indiana Court of Appeals judges spent the better part of a 90-minute oral argument Nov. 25 focused on whether a trial judge’s order applied the proper legal standards in awarding $62 million to IBM after the state canceled its $1.3 billion contract to overhaul Indiana’s welfare administration.
Commission recommends removing embattled judge
Marion Superior Judge Kimberly Brown should be removed from office, the Indiana Judicial Qualifications Commission recommends in findings of fact compiled after the weeklong hearing of a 47-count complaint that concluded Nov. 10.
Insurance employee loses overtime appeal
An insurance company employee lost an appeal for overtime compensation when the 7th Circuit Court of Appeals on Wednesday affirmed a District Court grant of summary judgment in favor of the employer.
COA reversal: Property manager can’t keep renter’s late fees
A property owner’s lawsuit seeking a class action against a property management company that kept late fees paid by renters was revived by the Court of Appeals on Wednesday. The appellate panel reversed dismissal of the suit and ordered further proceedings.
Non-custodial parent must still pay arrearages to cover funeral expenses
An emancipated child will be able to collect child support arrearages to pay for her custodial parent’s funeral but she and her sibling will not be allowed to accept the remainder of the accrued support payments, ruled the Indiana Court of Appeals.
Trial court must properly exercise discretion on sentencing
Although a trial court had the ability to deny a man credit for time served, the Indiana Court of Appeals ruled the lower court did not follow proper procedure when it granted actual days credit.
Mother who was abused may be required to help fund father’s supervised visitation
The Indiana Court of Appeals has ruled that a domestic violence victim whose earnings since have increased may have to pay for supervised child-visitation services that the father is unable to afford.
Verification letters support estoppel argument
A series of verification letters from a subcontractor to a contractor provided the grounds for the doctrine of promissory estoppel from being applied to commercial transactions.
Judges divided over complicated issue of wrongful-death attorney fees
A complex and complicated case regarding whether attorney fees awarded from the Indiana Patient’s Compensation Fund are capped at 15 percent led to a split in the Indiana Court of Appeals. The majority decided that the cap does not apply to the calculation of excess damages of any type from the fund.
Prosecutor’s ‘CSI’ remarks don’t reverse molestation conviction
A prosecutor’s comments to a prospective juror comparing the evidence needed for a conviction to that seen in a typical “CSI” television show weren’t fundamental error, a Court of Appeals panel ruled in affirming a man’s child-molestation conviction.