Articles

COA sends I-69 property-taking dispute to damages trial

A property rights dispute between the state and a Monroe County property owner must proceed to a trial on damages after the Indiana Court of Appeals determined the state’s condemnation action against the Monroe County property constituted a compensable taking.

Read More

Babysitter’s serious neglect convictions, sentence affirmed

A babysitter convicted of inflicting a life-threatening head injury on an infant in her care lost her appeal of her felony convictions and sentence after the Indiana Court of Appeals determined neither court error nor insufficient evidence warranted reversal.

Read More

Court considering charges in 1980 police officer death

A state appeals court is considering whether to throw out the case against a northwestern Indiana man facing murder and other charges in connection with the 1980 shooting death of a police officer killed while working a private security job.

Read More

In 2017, IL readers most followed these links

Breaking news and online updates of major legal stories were the most-read articles on TheIndianaLawyer.com in 2017, according to an analysis of pageviews. Here are the IL’s Top 20 most-read online stories of the past year.

Read More
Year End Review - Indiana Tech Law School

Top 10 legal stories of 2017 focus on law schools, court changes

The closing of 4-year-old Indiana Tech Law School in Fort Wayne, and the revelation that 138-year-old Valparaiso University Law School faced an uncertain future, made law school troubles the top legal news story of 2017, as determined by the staff of Indiana Lawyer. Changes on the federal and state bench also were among the year’s top stories.

Read More

COA allows spoliation claim to proceed

The Indiana Court of Appeals has struck down a claim for a private right of action raised under Indiana’s medical record production statute, but allowed a spoliation claim against a doctor who no longer possesses a patient’s medical records to proceed. However, two judges urged the Indiana Supreme Court to reconsider a 1991 opinion that required them to strike the private right of action claim.

Read More

COA upholds 12(B)(6) dismissal of complaint against bank

A bank that removed a home from a sheriff’s sale list did not breach its contract with the property owners through an in rem decree of foreclosure because the decree included language allowing the bank to remove the home from the sale list, the Indiana Court of Appeals has ruled.

Read More

COA: Attorney fee records not protected or confidential

An Indiana trial court did not err by denying a motion to quash a request for the production of attorney fee records because such records are not protected by attorney-client privilege or the Fifth Amendment, the Indiana Court of Appeals ruled Thursday.

Read More

COA strikes down 57 percent water rate increase

The city of Washington cannot impose a 57 percent rate increase on a local nonprofit water utility after the Indiana Court of Appeals determined Wednesday that increase was not reflected by an actual increase in costs.

Read More

Justices to decide whether dismissed manslaughter trial can proceed

After initially being charged in the shooting death of his wife, John Larkin’s criminal case was thrown out after a trial court judge determined the state failed to bring Larkin to trial within the appropriate timeframe. Plus, the case was rife with state and prosecutorial misconduct, leading the judge to conclude Larkin could no longer receive a fair trial.

Read More

COA partially reverses delinquent adjudication against teen

A teenager who devised a plan to shoot his assistant principal and other students while at school has had one delinquent adjudications reversed after the Indiana Court of Appeals determined the threat the student made against the assistant principal did not meet the statutory definition of intimidation.

Read More