Articles

Judge dismisses civil forfeiture suit against state prosecutors

A Marion Superior judge has tossed a lawsuit against 78 county prosecutors being accused of breaking the law by not turning over seized assets from criminals to a school construction fund. In doing so, the judge expressed concern about the lack of reasoning and consistency demonstrated by prosecutors throughout the state.

Read More

Misdemeanant challenges voting lockout

When a former town council member in northern Indiana was sentenced to county jail for two months on a misdemeanor battery conviction, he didn’t realize that experience would take away his right to vote.

Read More

7th Circuit denies petition to remove judge

The 7th Circuit Court of Appeals denied a man’s petition for writ of mandamus to remove a federal judge from a case he is involved with that’s still pending in District Court. The man failed to intervene in the case and his interest in the case is too uncertain to give him the rights of a party automatically, the judges ruled Friday.

Read More

Porter County can’t leave RDA

A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.

Read More

Judges address first impression issue on attorney fees

For the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.

Read More

DCS to impose 5 percent reduction for reimbursement in 2011

The Indiana Department of Child Services and IARCCA, an Association of Children and Family Services, announced their agreement today in a dispute regarding reimbursement rate cuts. The dispute led to a lawsuit filed in late 2009 between the two organizations.

Read More

Appeals court reverses summary judgment for pharmacist, CVS

The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.

Read More

Florida judge rules health-care law unconstitutional

A federal judge in Florida has found that Congress has exceeded its authority in passing sweeping health-care reform in 2010 by including the individual mandate that people must purchase health insurance by 2014 or pay a penalty. Indiana had joined with 25 other states, two individuals, and the National Federation of Independent Business to challenge the law.

Read More

Law firm files class-action lawsuit for estate planning UPL

A Logansport law firm has filed a class-action lawsuit against an Indianapolis company that the state’s highest court last year determined engaged in the Unauthorized Practice of Law, suing on behalf of thousands of residents for what attorneys estimate could be $10 million to $20 million in damages.

Read More

Federal act preempts state law claims

The Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.

Read More

Judges order consideration of discovery demands

The 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.

Read More

Justices accept 4 cases

The Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.

Read More

BLE suit moves forward

Even as the Indiana Board of Law Examiners searches for a new leader, a federal lawsuit remains pending against the state agency’s questions to prospective lawyers about their mental and emotional health.

Read More