Civil case
First impression issue on 'in loco parentis' doctrine
April 29, 2011
Jennifer NelsonUntil Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context
of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit
against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
MoreCOA affirms transfer penalty for nursing home resident
April 26, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a finding by the Family and Social Services Administration that an elderly woman
was not entitled to Medicaid nursing home benefits in the eight months after she gave $35,500 to her nephew and his wife.
MoreJudges address 'public utility' questions
April 25, 2011
Michael HoskinsIn a case of first impression in this state, the Indiana Court of Appeals has determined that BP Products North America Inc.'s
petroleum refinery plant in northern Indiana isn’t a public utility as defined by state statute when it acts as a sort
of conduit and provides natural gas and other services such as steam and wastewater to other private companies nearby.
MoreCOA rules botched burial does not entitle relatives to award
April 25, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that relatives of a woman whose burial went awry are not entitled to damages.
MoreLawsuit to take bar exam goes to 7th Circuit
April 22, 2011
Jennifer NelsonThe man who believes he should be able to sit for the bar exam even though he didn’t go to law school has asked the
7th Circuit Court of Appeals to reconsider the dismissal of his lawsuit.
MoreJustices dismiss appeal
April 20, 2011
IL StaffThe Indiana Supreme Court has dismissed an appeal in an insurance case involving attorney-client privilege because the parties
have reached a mediated settlement.
MoreState responsible for costs in relocating Medicaid patients
April 11, 2011
Jennifer NelsonIndiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid
in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana
Court of Appeals ruled Monday.
MoreCOA: personal injury action should be allowed to proceed
April 8, 2011
Jennifer NelsonThe Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to
substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day
time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.
MoreJudges divided on calculation of damages after negligence
April 7, 2011
Jennifer NelsonThe Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana
Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because
the deceased man had at least a 50 percent chance of survival before the medical negligence.
MoreCoroner's office loses 2nd reverse-discrimination appeal
April 5, 2011
Michael HoskinsThe 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed
in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic
pathology company’s contract may have been based on race.
MoreCOA reverses judgment in title insurance issue
April 4, 2011
Jennifer NelsonThe Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s
highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
More7th Circuit rules on Rolls-Royce job-bias case
March 31, 2011
Michael HoskinsA day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history,
the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class
certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying
women less than men for the same or similar work.
MoreJudges: defendant should be able to confront witness
March 31, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding
the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.
MoreCourt: DNR case can proceed despite 11-year delay
March 31, 2011
Michael HoskinsThe Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state
Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s
of great public importance and should be decided on the merits.
MoreCourt: 'ingress' and 'egress' doesn't include parking
March 30, 2011
Michael HoskinsThe Indiana Court of Appeals has reversed a trial judge on a land use dispute between two sets of neighbors, finding that
the clear meanings of “ingress" and "egress” do not include parking as two of the Porter County residents
had argued based on past caselaw.
MoreNotario publico issues surface again
March 30, 2011
Michael HoskinsYears ago, the Indiana Supreme Court made it clear what non-lawyers could and could not do related to immigration services.
Crossing the line might be considered the unauthorized practice of law. Now, two people in Indiana are facing the consequences
of doing exactly that.
MoreAppellate court affirms arbitration on claims against college
March 29, 2011
Michael HoskinsWith one judge frustrated that Indiana residents and students may have been “hornswoggled” by a college’s
advertisements about being accredited, the Indiana Court of Appeals has upheld an order compelling arbitration on a claim
that three students were fraudulently induced to enroll because of misrepresentation about that accreditation.
More7th Circuit upholds tax, fraud conviction against attorney, wife
March 28, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has upheld the finding that a Brownsburg attorney and his wife fraudulently withheld their
2001 income from the Internal Revenue Service through an elaborate shell game.
MoreCOA: Township not required to pay for private school shuttle
March 28, 2011
Jennifer NelsonA school township in Marion County isn’t legally required to transport nonpublic school students to their private schools,
the Indiana Court of Appeals affirmed.
MoreJudges split on child support modification
March 25, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism
over fairness and legalism over common sense.”
MoreJudges split on whether 2 insurers must pay for damage
March 15, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible
for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of
the responsible party’s insurers had to pay for the property damage.
More7th Circuit reverses on relation back issue
March 14, 2011
Jennifer NelsonA plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with
relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations
had expired, the 7th Circuit Court of Appeals concluded today.
MoreJudges affirm insurer has no duty to defend
March 14, 2011
Jennifer NelsonThe Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion
of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
More7th Circuit takes girls' basketball schedule case
March 11, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals will decide whether several Indiana school corporations discriminate against girls’
basketball teams by scheduling more of their games on weeknights as compared to the boys’ basketball games.
MoreMan still fighting dismissal of bar exam suit
March 3, 2011
Michael HoskinsThe man who sued the Indiana Supreme Court and state Board of Law Examiners because he wants to take the bar exam without
going to law school wants a federal judge to reopen his case, arguing that he has no other legal recourse available and the
court’s refusal to allow relief is contrary to established precedent.
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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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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
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.