Articles

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.

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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.

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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.

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Gymnast McKayla Maroney says settlement covered up sex abuse

Olympic gold medalist McKayla Maroney was forced to sign a confidential settlement with the group that trains U.S. Olympic gymnasts to keep allegations that she was sexually abused by team doctor Larry Nassar a secret, according to a lawsuit filed Wednesday.

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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.

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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.

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High Court finds abandonment defense was disproved

A man convicted of attempted robbery of and conspiracy to rob a Terre Haute gas station has lost his appeal to the Indiana Supreme Court, which found Monday there was sufficient evidence to disprove his defense of abandonment.

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Indiana law schools post decline in enrollment

Although nationally the number of 1L students starting law school in the 2017 fall semester increased, the 2017 first-year class enrolled Indiana’s four law schools declined by nearly 100 students compared to the class that began in 2016.

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