Civil case
Toxic dust exposure leads to litigation
August 31, 2011
Michael HoskinsIndianapolis attorney Gabe Hawkins has already attended the funerals of three former clients, and he hopes that he won’t
have to see a fourth before finally being able to say that the courtroom battle they’ve been waging for years has paid
off.
MoreCan schools discipline for off-campus conduct?
August 31, 2011
Michael HoskinsSchool is back in session, and a new set of court rulings issued during the summer break may make it more difficult for school
administrators to decide how to handle inappropriate or potentially disruptive online activities carried out by students off-campus.
MoreCourt tackles timeliness of trust distribution
August 31, 2011
Michael HoskinsA recent Indiana Court of Appeals decision offers guidance to those working in trust and estate matters regarding how long
a trustee should wait before turning to a probate court for guidance on distributing money to beneficiaries when a dispute
exists over the amount that will be received.
More7th Circuit affirms judgment for officers in diabetic man’s case
August 29, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed summary judgment in favor of the City of East Chicago and police officers on an
estate’s excessive force and other claims, finding the officers had reasonable suspicion that a diabetic man who was
having a hypoglycemic episode was possibly intoxicated.
MoreCOA: Aunt and uncle have no standing for visitation petition
August 29, 2011
Jennifer NelsonIndiana statutes and caselaw do not allow for aunts or uncles of a child to petition for visitation, the Indiana Court of
Appeals held Monday.
MoreJudge OKs settlement in voter-registration class action suit
August 26, 2011
Michael HoskinsA federal judge in Indianapolis on Thursday approved a settlement in a class action lawsuit brought against Indiana relating
to state offices not adequately providing public assistance for voter registration.
MoreCOA: Insurance policy covers deputy killed while directing traffic
August 25, 2011
Jennifer NelsonThe Monroe County Sheriff’s deputy that was killed while directing traffic was using her car at the time of the accident
and was entitled to coverage under the county’s policy under the uninsured/underinsured motorist endorsement, the Indiana
Court of Appeals affirmed.
MoreJudge: Names in workforce development cases should remain confidential
August 25, 2011
Jennifer NelsonThere appears to be discord among the judges on the Indiana Court of Appeals as to whether party names should be confidential
in workforce development cases.
MoreCOA rules paying penalty doesn't nullify appeal
August 16, 2011
Michael HoskinsThe Indiana Court of Appeals has ruled on an issue that has not directly been addressed by statute or caselaw, holding that
paying a civil penalty to stop a tax sale of property doesn’t cancel out an appeal questioning that assessment’s
validity.
MoreCOA sides with Live Nation in naming dispute
August 16, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed the trial court’s dismissal of the Murat Temple Association’s claim
that Live Nation Worldwide violated terms of its lease agreement.
More7th Circuit upholds denial of class action, statutory damages
August 16, 2011
Jennifer NelsonIn an appeal of the denial of a proposed class-action lawsuit based on the finding the attorney was inadequate to represent
the class, the 7th Circuit Court of Appeals noted that the attorney’s demeanor on appeal didn’t help his cause.
More11th Circuit strikes portion of health-care reform law
August 15, 2011
IL StaffThe 11th Circuit Court of Appeals in Atlanta ruled on a challenge to the federal health-care law filed by numerous states,
including Indiana, and found the federal mandate that individuals have to purchase health insurance or face a penalty to be
unconstitutional.
MoreCOA: Names in workforce development cases aren't confidential
August 12, 2011
Michael HoskinsFrom now on, the Indiana Court of Appeals will publish full names of parties on workforce development review board cases after
determining state statute doesn’t require those to be kept confidential in public court records.
MoreJudge: Students’ off-campus Internet photos protected by First Amendment
August 11, 2011
Michael HoskinsA federal judge has ruled that a northern Indiana school district shouldn’t have disciplined two high school girls who
posted racy online photos of themselves posing with phallic lollipops and simulating sexual acts because the pictures were
outside of school and are protected by the First Amendment.
MoreAppeals court affirms sending employee appeal back to agency
August 11, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed the grant of a fired Department of Correction employee’s petition for judicial
review, finding that it was clear on the record that an administrative agency’s action was without evidentiary foundation.
The appellate court noted the difficulty the judge had in conducting the judicial review due to deficiencies in recording
testimony.
MoreJustices reverse ruling against hospital on spoliation claim
August 10, 2011
Jennifer NelsonRelying on workers’ compensation cases involving first- and third-party spoliation claims, the Indiana Supreme Court
has declined to recognize similar claims regarding medical malpractice suits.
MoreJudges split over order property owner pay for construction of drainage-ditch arm
August 10, 2011
Jennifer NelsonThe Indiana Court of Appeals was divided in its ruling on whether a man whose land sits higher and isn’t prone to flooding
should have to pay for the reconstruction of an arm of a nearby drainage ditch. The dissenting judge wrote that Wednesday’s
decision will promote “water wars” between neighbors.
MoreCOA allows for admission of vehicle photo in personal injury action
August 10, 2011
Jennifer NelsonThe Indiana Court of Appeals addressed for the first time the issue of whether a photograph admitted at trial showing little
damage to a truck involved in an accident is inadmissible on the grounds that it’s irrelevant to any determination of
bodily injury.
MoreJudges won’t revisit associational standing issue on same case
August 9, 2011
Michael HoskinsFinding it had already ruled on an associational standing question six years ago in the same case, the Indiana Court of Appeals
has denied an electric utility's attempt to re-litigate that issue based on the law-of-the-case doctrine.
MoreCOA: Suit against sewer district isn’t a public lawsuit
August 9, 2011
Jennifer NelsonThe Spencer Circuit Court erred in finding a lawsuit filed by property owners challenging the requirement they connect to
a new sewer system is a public lawsuit and the property owners must pay $9 million in bond to proceed with the suit, the Indiana
Court of Appeals ruled Tuesday.
MoreCourt rules on duty of care for healthy trees in residential areas
August 9, 2011
Michael HoskinsThe Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable
precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property
based on the size and where they are planted.
MoreJudges reverse ruling mechanic's lien has priority over mortgages
August 5, 2011
Jennifer NelsonThe Indiana Court of Appeals ruled there was no reason for a trial judge to disregard the state’s priority statutes
regarding liens and mortgages and find that a construction company’s mechanic’s lien has priority over previously
recorded mortgages.
MoreCOA applies sports injury conduct rule
August 4, 2011
Michael HoskinsLess than three months after the Indiana Supreme Court issued a decision about sports injury cases, the state’s intermediate
appellate court is now applying the new rule regarding how liability should be determined.
MoreJudges order hearing on unemployment benefits
August 4, 2011
Jennifer NelsonA man, whose request for a continuance in a hearing regarding his unemployment benefits was denied by an administrative law
judge, is entitled to a hearing on the matter, the Indiana Court of Appeals ruled Thursday.
MoreMan entitled to damages following excavation of home without notice
July 29, 2011
Jennifer NelsonIn reviewing a case in which an attorney appointed guardian of an adult male unilaterally decided to tear down his home without
providing notice to the man, the Indiana Court of Appeals found the attorney violated the man’s due process rights and
damages were necessary.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.