Court opinions

Appellate rulings can create confusion for attorneys, trial judgesRestricted Content

August 4, 2010
Michael Hoskins
Clear and concise court rulings are what judges hope can be produced, so that lawyers and lower courts can have guidance on how to address a particular legal issue. But that doesn’t always happen.
More

Court: insufficient notice bars tort claim

August 3, 2010
Elizabeth Brockett
The Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium complex and its various longtime issues.
More

Justices grant 3 transfers

August 3, 2010
IL Staff
The Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices examined a total 35 cases that were before them for possible transfer.
More

Exotic dancers are employees, may settle case

August 2, 2010
Jennifer Nelson
A federal judge has found that exotic dancers at an Indianapolis club are employees, not independent contractors as the club owner argued.
More

Court defines due process rights for drug court participants

July 30, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.
More

Court declines to review commitment cases differently

July 29, 2010
Jennifer Nelson
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
More

7th Circuit ends use of inextricable intertwinement doctrine

July 28, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to inextricable intertwinement is unavailable when determining a theory of admissibility.
More

Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act

July 27, 2010
Jennifer Nelson
The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice resulted in injuries to the mother, fetus, or both.
More

Judge worries ruling may make bright-line rule in traffic stops

July 27, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns were legitimate enough to allow the officer to search a car after a traffic stop.
More

Court upholds discrimination claims in coroner's office

July 27, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner could receive.
More

Majority overturns enticement of minor conviction based on error

July 26, 2010
Jennifer Nelson
Addressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction” in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
More

Arbitration of FCRA claim survives bankruptcy discharge

July 26, 2010
Jennifer Nelson
A man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy proceedings, the Indiana Court of Appeals ruled today.
More

East Chicago casino case still alive

July 26, 2010
Michael Hoskins
A years-long court battle over millions of dollars in East Chicago casino revenue remains alive after a Marion County judge vacated an earlier dismissal of the civil suit and blocked the release of $8 million in disputed funds that had been part of a settlement.
More

COA: Trial court to decide pre-sentencing educational credit time

July 23, 2010
Elizabeth Brockett
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing, the Indiana Court of Appeals ruled today.
More

Defendants entitled to competency hearing in probation revocations

July 22, 2010
Jennifer Nelson
Defendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded today, addressing the issue for the first time.
More

Judges disagree on whether grandfather can adopt

July 21, 2010
Jennifer Nelson
Judges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but allow the mother to retain her parental rights under Indiana law.
More

Medicaid applications review policy doesn't violate federal law

July 21, 2010
Jennifer Nelson
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled today.
More

No issue with all legislative logrolling

July 21, 2010
Michael Hoskins
The Indiana Supreme Court offered some clues recently about why it’s ignored repeated attempts to address the issue of legislative logrolling, where multiple unrelated changes are stuffed into one massive bill that becomes law.
More

Anything you tweet may be used against you...Restricted Content

July 21, 2010
Michael Hoskins
Instant updates on Facebook and Twitter are becoming a staple in people’s lives, and those social media networks are becoming a more common part of the litigation process in state and federal courts.
More

Attorney fees not recoverable under adult wrongful death statute

July 20, 2010
Elizabeth Brockett
The Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under the adult wrongful death statute.
More

State, federal double-jeopardy challenge fails

July 20, 2010
Elizabeth Brockett
A man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals, which affirmed the trial court in a case involving multiple child pornography videos.
More

COA reverses juvenile's exploitation adjudication

July 19, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
More

Marion Superior traffic judge charged with misconduct

July 16, 2010
Michael Hoskins
A Marion Superior judge presiding over the county’s traffic court faces four judicial misconduct charges as a result of his general handling of traffic infraction cases and one suit in particular, where the state justices have described him as being “biased.”
More

7th Circuit reverses dismissal of NCAA illegal ticket-lottery suit

July 16, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals has allowed a proposed class action case claiming the National Collegiate Athletic Association operates an illegal lottery to sell tickets to certain sporting events to go forward.
More

Justices uphold state's voter ID law

July 7, 2010
Jennifer Nelson
Voters will still need to have valid photo identification to be able to vote in person in Indiana elections.
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

ADVERTISEMENT