COA travels to Valparaiso for arguments
The Indiana Court of Appeals will hear arguments at Valparaiso University Law School in a rape case.
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5 political candidates file lawsuit
Three judicial candidates in Marion County and two candidates for the Indiana House are suing the county Board of Voter Registration and Election Board, alleging they were denied access to public information.
Trial court erred in instructing jury in negligence case
A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.
Evidence doesn’t support enhanced possession charges
Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.
Bankruptcy Court creating mediator panel
The U.S. Bankruptcy Court in the Southern District of Indiana is developing a panel of attorneys who want to serve as mediators pursuant to Local Rule B-9012-2. The panel is intended to make alternative dispute resolution more available for cases where this type of mechanism will be appropriate.
Andy Mohr target of Volvo Trucks lawsuit
When Volvo Group North America LLC sought to sell its semi trucks in the Indianapolis area, the company turned to veteran auto dealer Andy Mohr to help it gain a foothold in the market.
Hauke receiver files suit to recover $600k from Arizona investor
The receiver representing investors in the Ponzi scheme run by convicted money manager Keenan Hauke has sued to recover nearly $600,000 in improper payments made to an Arizona investment fund.
COA reverses trial court in personal injury case
The Indiana Court of Appeals has reversed a trial court’s denial of a motion to transfer, holding that Marion County is not a preferred venue for the case.
Federal Bar Update: Uniform Case Management Plan changes
The Southern District of Indiana recently modified two sections of the court’s Uniform Case Management Plan regarding experts.
Gene patent case back at Circuit court
Myriad Genetics, Inc. reported on March 26 that the United States Supreme Court remanded The Association for Molecular Pathology, et al., v. Myriad Genetics, Inc., et al., No. 11-725, to the Federal Circuit Court of Appeals. The Federal Circuit will now reconsider its July 29, 2011, decision, which upheld Myriad’s patents on two breast cancer genes – known collectively as BRCA 1/2
Republic airlines file federal suit against pilots union
Three airlines operated by Indianapolis-based Republic Airways Holdings Inc. are suing a pilots union over a website they say is damaging their reputation and hindering efforts to hire pilots.
Justice Frank Sullivan leaving bench to teach
Sullivan’s departure marks the Indiana Supreme Court’s third vacancy in two years.
Indiana Supreme Court accepts one case; denies transfer to seven
Indiana’s high court has granted transfer in a case that left the Court of Appeals divided.
7th Circuit holds dispute is a matter for national labor board
The 7th Circuit Court of Appeals held that only the National Labor Relations Board has authority to hear a complaint from employees who brought a hybrid suit against an employer and labor union.
COA judge applications due May 9
The Indiana Judicial Nominating Commission has announced its timeline for selecting the replacement for Judge Carr Darden, who is retiring this summer from the Indiana Court of Appeals.
Appellate court dismisses small claims venue case
The Indiana Court of Appeals has determined that a small claims venue question is not on the list of authorized interlocutory appeals, so it dismissed a case arising out of southern Indiana.
Homeowner association has authority to decide on new home proposal
The Indiana Court of Appeals has upheld a lower court’s ruling against two homeowners challenging their homeowners association’s interpretation of covenants on building a new home.
Majority reverses conviction based on meth manufacturing
A divided Indiana Court of Appeals has determined that the state can’t use the amount of manufacturing materials and empty packets of ingredients at a person’s home to prove he was dealing in that substance, without clear evidence the drug would have been produced in that amount.