7th Circuit rejects Conour’s bid to remove judge
Convicted fraudster and former Indianapolis attorney William Conour won’t get to represent himself for now, nor will he succeed in getting the federal judge he claims is biased thrown off his case.
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Articles
Indiana attorney in adoption controversy resigns amid probe
An attorney who handled a contentious adoption case involving a New Jersey man who adopted twin girls born in Indianapolis to a surrogate mother has resigned his law license amid a disciplinary investigation.
COA reaffirms reversal of molest convictions for vouching
The Indiana Court of Appeals clarified its position on rehearing Wednesday in the reversal of child molesting convictions that the state “vigorously argues” were erroneously ruled reversible error.
Opinions Dec. 23, 2015
Indiana Court of Appeals
Raymond Kerr v. City of South Bend
71A03-1502-CT-49
Civil tort. Affirms in part and reverses in part summary judgment for the city on Kerr’s complaint alleging that noxious gases from its sewer lines had been forced into his home. Finds Kerr’s claims are barred by the statute of limitations insofar as they relate to injury to his health. A portion of his claims may proceed insofar as they relate to damage to his property. Remands for further proceedings.
Nonprofit ambulance service not entitled to ITCA protections
The volunteer emergency ambulance service provider in Sharpsville is not entitled to the protections of the Indiana Tort Claims Act, the Indiana Court of Appeals affirmed, because it is a private company rather than a governmental entity.
COA affirms attorney owes ex-assistant thousands in unpaid wages
An Elkhart solo practitioner must pay his former legal assistant more than $85,000 after she sued him to recover unpaid wages owed to her over the course of two years, the Court of Appeals affirmed Wednesday.
Reversal: Care facility must pay legal fees after $1M negligence verdict
An assisted-living facility where a resident died after being badly burned must pay the estate’s attorney fees, the Indiana Court of Appeals ruled Wednesday in reversing a trial court.
South Bend man wins partial reversal of sewer nuisance suit
A man who sued South Bend claiming that noxious gas from city sewer lines had been forced into his home may proceed with part of his lawsuit against the city.
Nonprofit acquires Maurer professor’s Lawyer Metrics
The Access Group, a nonprofit organization made up of law schools, has acquired the assets of Bloomington-based Lawyer Metrics LLC, which was co-founded by Indiana University Maurer School of Law professor William Henderson.
5 finalists named for St. Joseph judicial position
The St. Joseph County Nominating Commission announced Tuesday the five finalists to fill the upcoming vacancy on the Superior Court due to Judge Jerome Frese’s pending retirement.
Judge puts brakes on California Uber drivers’ suit outcome
Uber Technologies Inc. won a ruling that may put off the outcome of a bid by California drivers to be treated as employees in a lawsuit that has grown dramatically both in size and potential liability.
Tennessee Supreme Court updates attorney licensing rules
The Tennessee Supreme Court has approved changes to the way attorneys are licensed to practice in the state, including allowing drug tests as part of the character investigation.
Marion County residents mount court challenge to stop project
Three Ransom Place residents in Indianapolis are challenging the city’s approval of a large residential project planned for the neighborhood and are asking a Marion County judge to stop the $10 million development.
Caterpillar loses $74.6M verdict over trade secret theft
Caterpillar Inc. was ordered by a jury to pay $74.6 million for theft of trade secrets from a British maker of earth-moving equipment.
COA upholds decision to deny Edinburgh tax deed
A trial court did not err when it entered an order denying the town of Edinburgh’s request for the issuance of a tax deed and granting the landowner equitable relief, the Indiana Court of Appeals held Tuesday.
Split court reverses dismissal of complaint against probation officers
The Indiana Supreme Court decided 3-2 Tuesday to reverse the dismissal of a man’s claims arising out of his incarceration for a probation violation that allegedly occurred after his term of probation had expired.
Appeals court concerned about fee-shifting provisions in domestic relations cases
The Indiana Court of Appeals affirmed a trial court’s decision to not award a mother attorney fees despite the inclusion of a fee-shifting provision in her divorce settlement. In doing so, the appeals court pointed out how these provisions may go against public policy.
Opinions Dec. 22, 2015
Indiana Supreme Court
Randy L. Thornton v. State of Indiana, Ind. Dept. of Corr., Marion Co., Indiana, City of Indianapolis, Matthew Pietrzak, Stephanie Buttz, Eric Lee, and Dianna Johnson
49S02-1512-PL-709
Civil plenary. Grants transfer and reverses the dismissal of Thorton’s Section 1983 claim against the defendants. Remands for further proceedings. The trial court erred when it determined Thorton’s complaint did not state a claim for relief under 42 U.S.C. 1983 against the individually named probation officers. Justices Dickson and Massa dissent without opinion.
COA rules in contentious attorney fees case
The Indiana Court of Appeals had harsh words for the three lawyers involved in a protracted, unprofessional legal battle over attorney fees owed in a breach of contract lawsuit against Lake Station, Indiana.
Driverless cars give lawyers bottomless list of defendants
Imagine a robot car with no one behind the wheel hitting another driverless car. Who’s at fault?