Courts

Judgment for law firm in malpractice case reversed

May 31, 2017
Dave Stafford
A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.
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Lawsuit targets local rent-to-own housing operator

May 31, 2017
IBJ Staff
An Indianapolis-based company that has purchased and rented out hundreds of houses in the city is being sued by a not-for-profit housing group and four former customers over what they are calling a “predatory and unlawful rent-to-own scheme.”
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Judge awards no damages to worker burned inside heated tank

May 31, 2017
 Associated Press
A lawsuit filed by an eastern Indiana man seriously burned inside a heated chemical tank has ended without any damages being awarded.
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Legal malpractice arguments focus on whether crime victim lost settlement chance

May 31, 2017
Dave Stafford
Can agency immunity cover a lawyer's failure to file a tort claim notice and lawsuit?
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Appeal: Commercial court, without notice, put worker out of job

May 31, 2017
Dave Stafford
A glass industry engineer’s challenge alleges the Indiana commercial court pilot project dockets’ specialized rules violated his due process rights.
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Lack of statewide will procedures leaves unanswered questions about official documents

May 31, 2017
Dave Stafford
The final stop for a last will and testament in the e-filing era depends on where in Indiana an estate is opened and what the local probate court demands, at least for now.
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Long Beach seawall dispute goes back to boards

May 30, 2017
A complaint brought by Indiana residents seeking to build seawalls along their lakefront property will not proceed after the Indiana Court of Appeals decided Tuesday the residents must first exhaust their administrative remedies before litigating their complaint.
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Right of first refusal splits Court of Appeals

May 30, 2017
Marilyn Odendahl
A dispute over contract language divided the Indiana Court of Appeals to the point where judges could not agree whether the case was one of first impression.
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COA: Mom cannot show lead cause of boy’s autism

May 30, 2017
Marilyn Odendahl
A grandmother failed to convince the Indiana Court of Appeals her grandson’s developmental disabilities were caused by the lead paint in her rented house rather than by his birth mother’s use of methamphetamine.
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COA allows nurse practitioner to testify as expert

May 30, 2017
Olivia Covington
An Evansville nurse practitioner who has training and licensure beyond that of a nurse, may testify as an expert as to whether a patient’s injuries are consistent with injuries sustained in an automobile accident, but not as to whether the accident caused the injuries, the Indiana Court of Appeals has ruled.
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COA: Suspended attorney’s failure to litigate attributable to client

May 30, 2017
Olivia Covington
A now-suspended attorney’s repeated failure to communicate with his client and litigate her case was a failure directly attributable to the client and, thus, made the opposing party entitled to summary judgment, the Indiana Court of Appeals ruled Tuesday.
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Court affirms weapon, drug convictions after bar incident

May 30, 2017
Dave Stafford
A man’s arrest and conviction on gun and cocaine charges after an anonymous tipster called police and said a man was pointing a gun in an Anderson bar was affirmed Tuesday by the Indiana Court of Appeals.
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Travel ban to test Supreme Court view of presidential power

May 30, 2017
 Associated Press
The U.S. Supreme Court may soon decide how courts are supposed to view presidential power in the age of Donald Trump.
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Failure to sign order sends dog dispute back to court

May 30, 2017
Marilyn Odendahl
Noting the plaintiff may want to let a sleeping dog lie, the Indiana Court of Appeals remanded a decision to the trial court, finding the judge had not signed the order awarding custody of a dog named Snickers.
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Appeals panel affirms termination of guardianship

May 30, 2017
Dave Stafford
The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.
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No jail time in hit-and-run death stuns victim's relatives

May 30, 2017
 Associated Press
The family of a northeastern Indiana man who died after he was struck by a car while bicycling say they're devastated the motorist received no jail time in the hit-and-run death.
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Notre Dame law clinic employee accused of embezzlement

May 30, 2017
IL Staff

An employee of the Notre Dame Clinical Law Center has been charged with 11 felony counts relating to what the St. Joseph County Prosecutor’s Office says is a seven-year-long racketeering scheme in which the university found more than $199,000 was stolen.

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Justices to hear arguments in caseload case against DCS this week

May 30, 2017
IL Staff
The Indiana Supreme Court will hear arguments this week to determine whether an employee of the Indiana Department of Child Services can bring a class-action complaint against her employer for an alleged violation of statutory caseload limits under the public standing doctrine.
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Justices consider ‘reasonable’ standard in flash bang search case

May 26, 2017
Olivia Covington
As criticism across the country continues to grow against the use of flash bang devices, a highly controversial police diversionary tool, the justices of the Indiana Supreme Court must decide whether the use of such a tool in Evansville constituted an unreasonable assault on the home.
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Ex-prosecutor faces discipline for failing to disclose false testimony

May 26, 2017
Dave Stafford
A former Porter County deputy prosecutor and a member of the Valparaiso City Council faces sanctions from the Indiana Supreme Court for allegedly withholding from the defense that an alleged victim said he had been coached to lie and had recanted allegations of sexual abuse.
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Reversal: Trial court ordered to revisit CHINS petition

May 26, 2017
Olivia Covington
An Indiana trial court imposed an “inappropriately high” burden on the Department of Child Services to prove a presumption of a child in need of services situation, the Indiana Court of Appeals held Friday in an opinion ordering the trial court to revisit the CHINS petition.
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Man convicted of killing Wisconsin woman buried in basement

May 26, 2017
 Associated Press
An Indiana man has been convicted of murder in the death of a Wisconsin woman whose body was found buried in a basement in 2015.
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Indiana sues 2 former school administrators for $3M

May 26, 2017
 Associated Press
The Indiana Attorney General's office is suing two former Munster school administrators for more than $3 million, alleging the pair misappropriated, illegally retained or fraudulently obtained public funds.
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California man accused of defrauding former Colt of more than $4.5M

May 26, 2017
Susan Orr, IBJ Staff
A financial adviser in California faces allegations that he defrauded a former Indianapolis Colts player out of more than $4.5 million in investments.
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Tax Court affirms board’s valuations of Bloomington CVS store

May 26, 2017
Olivia Covington
In a case involving the same litigants, attorneys and issues previously raised by the Monroe County assessor and CVS corporation, the Indiana Tax Court has affirmed the Indiana Board of Tax Review’s final determination as to the assessed value of a CVS store in Bloomington.
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