Articles

COA: Jury trials unavailable for expungements 

A Jasper County man who argued the trial court erred in denying his request to expunge a school suspension from his record and in not holding a jury trial has lost both arguments on appeal, with an appellate panel specifically holding that expungement issues are not entitled to a jury trial.

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Firms cite 1851 law in Missouri boat accident, seek mediation

Two companies facing multiple lawsuits over a summer tourist boat accident in Missouri that killed 17 people have invoked an 1851 law that allows vessel owners to try to avoid or limit legal damages as they also seek settlement negotiations with victims’ family members. But Tia Coleman, an Indianapolis woman who survived the accident, and lawyers for others whose family members died denounced the filing as callous and insulting.

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Company wants Indy-based Missouri boat death lawsuits dropped

The company that owns the Ride the Ducks operation in Branson asked a judge Monday to dismiss a series of lawsuits filed by Indianapolis residents whose family members were killed when one of the company's  boats sank in a Missouri lake in July, killing 17 people.

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Legal bills in South Bend police wiretapping case nearly $2M

A long-running dispute over wiretapping within the South Bend Police Department has cost taxpayers in the northern Indiana city nearly $2 million to date. The case stems from a subpoena that South Bend’s city council issued to Mayor Pete Buttigieg’s office in 2012, seeking copies of recordings made from police phone lines.

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Jury finds for Marion County sheriff at ex-deputy’s ADA trial

A former Marion County sheriff’s deputy who was permanently injured while on duty has lost her lawsuit against the sheriff’s department and the city of Indianapolis after a federal jury found the defendants did not fail to accommodate her and did not harass her because of her disability.

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Justices: Evansville, Fort Wayne partly liable for police sex assaults

The Indiana Supreme Court affirmed two cities were entitled to summary judgment on the common-carrier theory, but not on the issue of liability under respondeat superior’s scope-of-employment rule in a consolidated civil lawsuit involving two women who were sexually assaulted by on-duty police in Evansville and Fort Wayne.

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COA overturns injunction against Charlestown code enforcement scheme

A special judge’s ruling that preliminarily enjoined the city of Charlestown from inconsistently imposing code violation fees while simultaneously finding the city was not subject to the state’s Unsafe Building Law has been overturned. The Indiana Court of Appeals ruled Monday that the trial court erred in finding the UBL does not apply to the city, thus requiring remand for re-examination of how local and state regulations should work together.

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Attorney: Settlement reached in Indiana van crash lawsuits

A settlement has been reached in lawsuits filed after a rollover crash on a southwestern Indiana freeway killed two Haitian immigrants and injured 20 others. The suits were filed after a van carrying Christela Georges, 60-year-old Gena Moise and other workers crashed in 2015 on Interstate 69 near Evansville. 

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AG Hill signs Indiana onto retaliatory arrest case

Indiana Attorney General Curtis Hill has signed onto another multi-state Supreme Court amicus brief, this one challenging a 9th Circuit Court of Appeals ruling that allowed a retaliatory arrest lawsuit to proceed against Alaska police officers despite probable cause supporting the arrest.

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Indiana survivor’s suit seeks to halt duck boats

An Indiana woman whose husband and three children drowned when a duck boat sank in a Missouri lake has filed a federal lawsuit in Kansas City requesting an end to the manufacture and operation of the amphibious vehicles in the U.S. and elsewhere until they are redesigned for safety.

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Turning brownfields into green land neither cheap nor easy

A 20-year-old state environmental law, oblique court decisions and a provision inserted seven years ago into the statute of limitations are coming together in a case from Elkhart that many environmental lawyers are hoping will finally settle lingering debates over when suits recouping cleanup costs may be filed.

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Prison doctor, nurse must face inmate’s lawsuit

Two medical care providers at the Miami Correctional Facility have lost their bid to end an inmate’s Eight Amendment lawsuit after a district court judge found evidence to reasonably support the inference that the providers were deliberately indifferent to his excruciating foot pain.

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Prosecutors: Possible negligence in Missouri boat sinking

The U.S. Coast Guard has found probable cause that the sinking of a tourist boat on a Missouri lake last month that killed 17 people “resulted from the misconduct, negligence, or inattention to the duties” by the captain of the boat, according to a court motion filed Wednesday by federal prosecutors. The July 19 incident claimed the lives of nine members of one Indiana family. 

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Ex-student claiming sex assault sues Butler, fraternity

A lawsuit filed by a former Butler University student-athlete alleges the university and a now-suspended fraternity failed to take necessary action to remove an allegedly known sexual predator from campus, leading to the student-athlete’s rape at a fraternity party in late 2016.

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Long-running IBM suit against state back before COA

The latest installment in a years-long legal saga between the state and IBM, Inc. came before the Indiana Court of Appeals on Tuesday, when the parties argued over the awards of damages and what, if any, significant changes were made to the state’s welfare system after Indiana terminated its contract with IBM and developed its own claims-processing system.

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