4th annual symposium to look at civil rights
Civil rights in the Southern District will be the topic of the fourth annual Court History Symposium presented by the Historical Society for the Southern District of Indiana Nov. 18.
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Articles
Disciplinary Actions – 11/9/11
Read who’s been suspended and who’s had their suspensions terminated.
Federal Bar Update: Comments sought for changes to local rules
John Maley writes about changes coming to local rules in each District Court.
Appellate court rules man can challenge med mal cap’s constitutionality
An Indianapolis man will get an evidentiary hearing on whether the state’s $1.25 million cap on medical malpractice awards is unconstitutional.
Improving a child’s access to counsel
A proposed draft rule would change waiver procedures in the juvenile justice system.
Rookie year on the Supreme Court
New Indiana Justice Steven David is settled but still finding his niche.
Adding UPL to Indiana RICO statute
An Indiana Supreme Court case involving an estate planning “trust mill” has led to a policy discussion about whether certain types of unauthorized practice of law should rise above a misdemeanor crime and involve a racketeering component.
Indiana can’t cap Medicaid coverage of dental services
A northern Indiana federal judge has ruled that the state must fully cover dental services that are medically necessary for Medicaid participants, and it can’t deny coverage exceeding a certain amount because that would prevent some low-income individuals the ability to get needed care.
COA orders new trial in utility theft case
The Indiana Court of Appeals has reversed a theft conviction and ordered a new trial for a man who was prohibited from discussing a lesser offense during closing argument.
Simon sues state over Amazon sales tax exemption
A Marion Superior lawsuit is accusing Indiana of violating the state constitution by not collecting sales taxes from Amazon.com Inc.
Justices decline to reconsider out-of-state placements ruling
The Indiana Supreme Court has denied a rehearing petition from the state attorney general’s office to revisit a June ruling that upheld three statutes involving juvenile judges’ authority on out-of-state placements.
Court examines future medical care in workers’ comp case
The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.
Mother files suit challenging school bus fee
A woman in Marion County has filed a lawsuit against a community school corporation because she claims the fee imposed for her children to ride the bus to school interferes with their constitutional right to an education.
Northern District seeks comment on revising, restyling rules
The U.S. District Court for the Northern District of Indiana is now taking comments on proposed changes to its local rules.
COA allows insurance dispute to proceed
The Indiana Court of Appeals found disputes of material fact in an insurance case in which the homeowners made misrepresentations in their application, ordering the trial court to take a closer look at whether the insurer rescinded the policy after discovering the misrepresentations.
Tax Court denies assessor’s motion to dismiss appeal
Indiana Tax Judge Martha Wentworth denied the Marion County assessor’s motion to dismiss two petitioners' original tax appeal, finding the parties properly served a copy of the petition with the attorney general’s office.
Bankruptcy courts amend local rules
The United States Bankruptcy Court for the Northern District of Indiana has adopted revisions to Local Rule B-1009-1. The United States Bankruptcy Court for the Southern District of Indiana has amended its Local Rule B-3007-1.
7th Circuit rejects egg farm’s arguments
The insurers of a large-scale egg producer in southern Indiana accused of fixing the price of eggs don’t have to defend the farm on the antitrust complaint because the farm had not raised a defense that would be covered under the policies.
Judges affirm employer’s attendance policy is unreasonable
A company lost on appeal its argument that it had just cause to fire an employee after seven absences from work. The Indiana Court of Appeals agreed with previous findings that the company’s attendance policy is unreasonable.
COA: enhancement isn’t an ex post facto violation
The enhancement of a man’s conviction of operating a vehicle while intoxicated because of a prior OWI conviction did not constitute an ex post facto violation, the Indiana Court of Appeals held Monday. The man argued it was a violation because his prior conviction occurred before the enactment of the enhancement statute.