Lake County man’s 5-year sentence for shooting upheld
The Indiana Court of Appeals has affirmed that a Lake County man’s five-year sentence for shooting someone multiple times must be served despite his pre-sentencing rehabilitation efforts.
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Tax Court affirms lakeshore property assessment
A lakeshore property owner in northern Indiana was unable to convince the Indiana Tax Court on Wednesday that an abuse of discretion took place when his vacant lot was assessed at a higher rate than he had hoped.
COA: Son who threatened mom with unloaded pellet gun used ‘deadly weapon’
A man whose felony convictions in a domestic violence case were enhanced because he possessed and used a weapon that turned out to be an unloaded and possibly broken pellet gun lost his appeal arguing the charges against him were wrongly aggravated and that he was a victim of double jeopardy.
Appeals court: Specialized driving privileges may not exceed 2½ years
Indiana trial courts may not grant specialized driving privileges to motorists whose licenses have been suspended without also limiting those privileges to no more than two-and-a-half years, an appellate panel ruled Thursday.
Split COA affirms ex-doctor’s probation revocation
An order for a former doctor involved in a pill mill scheme to serve thousands of days in jail for violating probation has been affirmed. A divided Indiana Court of Appeals panel concluded there was enough evidence to prove a new offense was committed.
Findings not made to dispense with biological father’s adoption consent
The Indiana Court of Appeals has remanded a granted adoption petition after finding a trial court failed to make findings that would allow for the children’s biological father’s consent to be dispensed with.
COA: Elkhart pastor incorrectly found in contempt, ordered to jail
A years-long dispute between an Elkhart pastor and members of his congregation has resulted in a reversal from an appellate panel that determined a trial court erred in ordering the faith leader to spend one month in jail.
Default judgment reversed in car dealership collections case
Default judgment against a former auto dealership executive has been set aside after the Indiana Court of Appeals found excusable neglect in an executive’s failure to adequately respond to a collections complaint.
7th Circuit order would have allowed federal execution
Though a Supreme Court order ultimately prevented the government from executing an Indiana inmate on Monday, an earlier 7th Circuit Court of Appeals ruling would have allowed the execution to proceed as scheduled.
Split COA: Prosecutor can file for paternity at putative father’s request
A divided panel of the Indiana Court of Appeals has reversed the dismissal of an alleged father’s time-barred petition seeking to establish paternity of a child. The majority held a prosecutor is authorized to pursue such a request outside the general two-year statute of limitations. A dissenting judge, however, warned the holding “makes a mockery” of the two-year statute of limitations in paternity cases.
Justices seem to favor insurers’ Obamacare claims for $12B
The US Supreme Court appeared likely Tuesday to rule that insurance companies can collect $12 billion from the federal government to cover their losses in the early years of the health care law championed by President Barack Obama.
Dreyer: ‘The future ain’t what it used to be’
When Yogi said “the future ain’t what it used to be,” he was talking about uncertain times to come. So what is the future of the legal system?
Lindman: Trademarks in the Supreme Court: 2019-2020
One could assume that significant issues in federal trademark law were decided long ago; yet, the Supreme Court issued two trademark decisions in 2019 that fundamentally impact trademark protection and has granted certiorari in three trademark cases for the 2019-2020 term.
Lawsuits hatch from egg contract that spoiled
Less than a month after an Indiana jury delivered a $1.46 million verdict against Evansville-based Rexing Quality Eggs, the contract dispute was still going, with the parties arguing at the 7th Circuit Court of Appeals over the return of plastic egg packing materials.
Willful wrong? SCOTUS to resolve circuit split on profits
Among the circuit courts of appeal, there is an even split between the 1st, 2nd, 8th, 9th, 10th and Washington, D.C., circuits and the 3rd, 4th, 5th, 6th, 7th and 11th over whether the Lanham Act requires “willful” infringement before a plaintiff can recover profits. The United States Supreme Court is set to bring clarity to the circuit split when it hears arguments in Romag Fasteners Inc. v. Fossil Inc., 18-1233, next month.
Courts as conveners: Task force led by Rush releases recommendations for judicial response to opioid crisis
The National Judicial Opioid Task Force was created in 2017 to delve into ways the judiciary could get a handle on the opioid crisis. Co-chaired by Indiana Chief Justice Loretta Rush, the task force’s work culminated late last month in the release of a report that includes four findings and six recommendations for how courts can respond to the current drug scourge and be better prepared for the next addiction crisis.
Indiana Court decisions – Nov. 20-Dec. 4, 2019
Read Indiana appellate court decisions from the most recent reporting period.
IndyBar: Give Yourself the Gift This Holiday Season!
This year, give yourself the gift. Give yourself the gift of a break, a little bit of sanity and some much-needed time with friends and family.
‘Generic’ trademark battle set for SCOTUS
Booking.com is facing a not-so-easy legal battle in a lengthy effort to make its name a protectable trademark.
Patent U.: Universities’ investment in patentable research reaps more revenue, litigation
As universities investment more resources in the development of patentable technology, they also run an increased risk of litigation.