Courts

Biofuels fraud cheated victims of $100M, feds say

September 18, 2013
Dan Human, IBJ Staff

Federal prosecutors announced charges Wednesday connected to a Henry County biofuel refinery as part of a massive tax and securities fraud investigation, saying the operation cheated victims out of more than $100 million.

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Receipt from mom’s cab ride does not prove son was home alone

September 18, 2013
Marilyn Odendahl
A trial court did not abuse its discretion when it excluded an undated taxi cab receipt that a LaPorte County man tried to offer as proof he did not participate in a robbery spree, the Indiana Court of Appeals has ruled. 
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Workers’ comp not sole remedy against AT&T entity for fall causing injury

September 18, 2013
Dave Stafford
A worker injured in a fall when she tripped on snow-covered legs of a construction sign placed near the AT&T building where she worked may proceed with a claim against one of the company’s corporate entities.
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Arbitrator’s unavailability will not stop arbitration from starting

September 18, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
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Lack of transcript limits review of fire damages award on appeal

September 18, 2013
Dave Stafford
A panel of the Indiana Court of Appeals rejected an appeal seeking full compensation after an Allen County fire in large part because the appealing party included no transcript of the trial court proceedings.
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Justices: Meth arrest of man at rental storage unit violated Fourth Amendment

September 18, 2013
Dave Stafford
A man’s conviction and 45-year sentence on a meth charge cannot stand because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections, a majority of the Indiana Supreme Court ruled.
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Murder confession after racially charged interrogation heads to Supreme Court

September 17, 2013
Dave Stafford
Justices of the Indiana Supreme Court agreed to review whether the confession of a man charged with murder can be used against him because it was gained during a racially charged interrogation.
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COA rules serving time at home same as serving time in prison

September 17, 2013
Marilyn Odendahl
The Indiana Court of Appeals remanded a case for a new sentencing order after a defendant successfully argued home detention counts as part of his executed sentence.  
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Tax Court rules against UPS reinsurer on case justices reversed, remanded

September 17, 2013
Dave Stafford
United Parcel Service and its reinsurance affiliates are obligated to pay about $650,000 in taxes from the years 2000 and 2001, the Indiana Tax Court held. The court previously ruled in UPS’s favor, but this opinion comes on remand from an Indiana Supreme Court reversal.
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Appeals court affirms judgment in family land-contract dispute

September 17, 2013
Dave Stafford
A trial court properly ruled that an insurance company owed no duty to a mother who sold property on contract to her son and daughter-in-law, but the son and daughter-in-law who collected proceeds from the policy do.
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Bridge complaint raises questions about governmental immunity

September 17, 2013
Marilyn Odendahl
The Indiana Court of Appeals addressed conflicting caselaw about a government’s immunity from liability before siding with the older precedent and ruling that any move to overturn that case should be left to the Indiana Supreme Court. 
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Attorney fees affirmed in trucking dispute; COA declines to bar such awards

September 17, 2013
Dave Stafford
An appellate panel Tuesday affirmed an award of attorney fees under a standard industry agreement and declined an invitation to strip Indiana trial courts of the ability to enter such judgments.
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Instructions not to letter of the law, but no harm done

September 16, 2013
Marilyn Odendahl
A trial court’s failure to give jury instructions that strictly adhered to the language contained in the Indiana Code and Indiana Jury Rule was not grounds for the Indiana Court of Appeals to overturn a guilty verdict.
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‘Illegal alien’ remark leads to attorney’s suspension; case involves embattled judge

September 13, 2013
Dave Stafford
Representing a father in a child visitation dispute, a Martinsville lawyer’s letter to opposing counsel alleging the mother was an illegal alien resulted in a 30-day suspension.
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Judge: Suit challenging Marion County judicial slating may proceed

September 13, 2013
Dave Stafford
A federal lawsuit challenging the constitutionality of a state law that has given rise to the Democratic and Republican slating system under which Marion Superior judges are elected will go forward.
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Failure to register in Indiana opens door for state charges against Ponzi scheme mastermind

September 13, 2013
Marilyn Odendahl
A split Indiana Court of Appeals ruled a man at the center of an alleged Ponzi scheme that defrauded nearly 72 victims in Ohio, Kentucky and Indiana will have to face state charges even though he pleaded guilty to a federal indictment.
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Reversal: Trust bears liability for builder’s nonpayment despite lien notice discrepancies

September 13, 2013
Dave Stafford
A trust that won summary judgment at the trial court against a supplier of building materials for construction of a home on Lake Michigan got the opposite result from an appeals court Friday. The trust is liable, even though it paid builders who failed to reimburse the supplier for materials provided on credit.
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JTAC oversight committee sets initial meeting

September 13, 2013
Dave Stafford
The first meeting of the committee created by the Legislature to oversee the Indiana Supreme Court’s technology initiatives – chief among them continued implementation of the Odyssey case management system – will take place Tuesday morning.
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Attorney general files right-to-work appeal with Indiana Supreme Court

September 12, 2013
IL Staff
The Indiana attorney general filed notice Sept. 12 that he is asking the state’s highest court to find Indiana’s right-to-work law constitutional.
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Supreme Court takes eminent domain case to clean up confusion

September 12, 2013
Marilyn Odendahl
Confusion from “inartful language” will put the ongoing dispute over the Clark County airport expansion before the Indiana Supreme Court.
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Double jeopardy does not prohibit state from retrying defendant on lesser charge

September 12, 2013
Marilyn Odendahl
Although a man’s conviction was overturned, the Indiana Supreme Court has ruled he can still be retried on the same charge without violating double jeopardy prohibitions because “a rational jury” would have considered more than one element of the crime.
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Expungement forum postponed

September 12, 2013
A second expungement law forum, scheduled for Sept. 17, has been postponed.
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Man who bilked banks of $10 million sentenced

September 12, 2013
Dave Stafford

A southern Indiana man who defrauded Indiana banks of more than $10 million by supplying bogus financial information from family members to obtain multi-million-dollar loans for real estate, an airplane and a yacht will spend five years in federal prison.

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CASA conference to train, honor volunteers

September 12, 2013
IL Staff

A single mother of two from Monroe County will receive the honor of volunteer of the year this weekend at an annual conference of court-appointed special advocates.

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Marsh Supermarkets, former CEO spar over attorney fees

September 12, 2013
Scott Olson
The years-long legal spat between Don Marsh and the company he once led appeared to have concluded this summer, but has now turned to attorneys’ fees and who’s paying the million-dollar bills.
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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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