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.
lawsuit
Articles
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.
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.
Judge affirms retaining charges but finds criminal prosecution unjust
An Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of violating several city ordinances after her dogs attacked two people.
Supreme Court hears arguments in victims’ advocates subpoena case
The Indiana Supreme Court heard oral arguments today involving the subpoena of records from a domestic violence agency by a defendant who had been charged with two counts of Class A felony child molesting.
Justices find statute doesn’t apply to landfill facility
The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.
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.
Justices to hear negligence case at IU-Indy
The Indiana Supreme Court will hold oral arguments in a case alleging negligence against the Putnam County sheriff Tuesday at Indiana University School of Law – Indianapolis.
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.
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.
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.
Lawsuit challenges free-expression restriction at airport
A Fort Wayne man is suing the Allen County Airport Authority because he claims a recently enacted resolution severely restricts his ability to protest the new screening procedures implemented by the Transportation Security Administration.
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.
Hospitals seek Medicare reimbursement
Several Indiana hospitals are suing the Secretary of the U.S. Department of Health and Human Services over a Medicare reimbursement dispute.
COA panel divided on trial court involvement with subpoena
The Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply with a subpoena issued by arbitrators in New York.
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.
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.
General Assembly returns for 2011 session
The Indiana Senate and House of Representatives reconvened this afternoon to begin the 2011 long session. The legislators still have time to file bills, but there are already several bills introduced that may affect Indiana courts and the legal community.
Justices take case involving stillborn fetus and Med-Mal Act
The Indiana Supreme Court granted transfer to a case in which the Indiana Court of Appeals ruled a mother of a stillborn fetus satisfied the actual victim requirement under the Medical Malpractice Act.
Justices reaffirm uniform-contract interpreation approach
The Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation insurance coverage case.