Legal News

COA affirms judgment in coverage dispute between insurance companies

June 10, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s judgment regarding indemnification clauses and coverage under insurance policies. The issue came before the trial court after a worker sought compensation for severe injuries he sustained when he was electrocuted on the construction site of a Wal-Mart in Boone County.
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Judges order good-time credit reinstated

June 10, 2014
Jennifer Nelson
The head inmate law clerk at an Indiana correctional facility is entitled to the 30 days of good-time credit that the prison revoked after finding he used the library’s computers without authorization. But the inmate was just following orders from prison library staff, the 7th Circuit Court of Appeals pointed out.
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Bankruptcy Court seeks volunteers for pro bono panel

June 10, 2014
IL Staff
The United States Bankruptcy Court for the Southern District of Indiana is accepting new volunteers who would like to work on the court’s Bankruptcy Pro Bono Panel.
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COA: Schools required to transport students for free

June 10, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled Tuesday that Indiana students cannot be charged to ride the bus to and from school. The judges found an arrangement between a school corporation and a private company that required parents to pay for their children to ride the bus violated the state constitution.
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7th Circuit reverses ‘troubling’ ruling in discrimination case

June 9, 2014
Jennifer Nelson
Because a District Court judge made several errors in analyzing the evidence brought by an African-American electrician in his lawsuit alleging he wasn’t hired because of his race, the 7th Circuit Court of Appeals reversed judgment in favor of the company.
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Nonprofit unable to prove it is entitled to charitable tax exemption

June 9, 2014
Jennifer Nelson
The Indiana Tax Court Friday upheld the decision to deny a charitable purposes exemption for the 2006 tax year to a Bartholomew County nonprofit that provides housing for low-income residents. The court agreed the nonprofit failed to show that its rental properties qualified for the exemption under I.C. 6-1.1-10-16.
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Justices decline injured officer’s benefits case

June 9, 2014
IL Staff
The Indiana Supreme Court will leave in place the amount of disability benefits an Indianapolis police officer will receive after he was shot in the line of duty.
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IMPD lawyer to be deposed in councilor’s wrongful arrest case

June 6, 2014
Dave Stafford
Lawyers for Indianapolis City-County Councilman Joseph Simpson may depose a city attorney about legal advice she gave in another case regarding a state statute at the heart of Simpson’s wrongful arrest case, a federal judge ruled Friday.
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Youth Summer Legal Institute set for IU McKinney

June 6, 2014
Dave Stafford
Teenagers interested in legal careers will learn from judges, lawyers and other legal professionals at a program June 16-20 at Indiana University Robert H. McKinney School of Law in Indianapolis.
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State bar solo and small conference examining future of law

June 6, 2014
IL Staff
The 2014 Indiana State Bar Solo & Small Firm Conference runs through Saturday and the theme of the 13th annual conference is “The Future of Law.”
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Court orders defendants to wear leg restraints at trial

June 6, 2014
Jennifer Nelson
A federal judge in Terre Haute has granted the government’s request that two defendants wear modified leg irons at an upcoming jury trial due to their violent criminal histories – both outside of prison and while incarcerated. The men face charges stemming from the murder of a fellow inmate.
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Federal court seeks comment on local sentencing procedure rule

June 6, 2014
IL Staff
The U.S. District Court for the Southern District of Indiana has determined there is a need to amend Local Criminal Rule 13.1 on sentencing procedure and is accepting comment on the proposed changes.
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COA: Man’s sentence after guilty plea is illegal

June 5, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s 10-year sentence resulting from a guilty plea for abusing his adopted teenaged children, holding that the sentence was based on an incorrect application of I.C. 35-50-1-2.
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Electronic devices must be turned off in Southern District courtrooms

June 5, 2014
IL Staff
If you plan on bringing your mobile phone, tablet or any other electronic device into court in the U.S. District Court in the Southern District of Indiana, make sure you turn it off. That’s an order from Chief Judge Richard Young.
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Spanish-speaking man did not waive rights in plea, justices hold

June 5, 2014
Jennifer Nelson
A non-native English speaker was able to show the Indiana Supreme Court that, during his guilty plea hearing, he was not properly advised of the constitutional rights he was waiving by pleading guilty. The justices reversed the denial of his petition for post-conviction relief.
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Tax Court affirms 2006 assessment appealed pro se

June 5, 2014
Jennifer Nelson
Although sympathetic to a mother and daughter’s plight, the Indiana Tax Court affirmed the 2006 assessment of a downtown Indianapolis condominium. The judge pointed out that pro se litigants are held to the same standards as licensed attorneys.
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Dropped charges against former IURC chief won’t be appealed

June 5, 2014
IL Staff
The state no longer is contesting the dismissal of official misconduct charges against former Indiana Utility Regulatory Commission Chairman David Lott Hardy.
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Husband’s agreement doesn’t preclude judgment against wife

June 4, 2014
Jennifer Nelson
A company is allowed to sue both parties who executed a promissory note seeking recovery of owed funds because it will still only be entitled to one satisfaction on the debt, the Indiana Court of Appeals ruled Wednesday.
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Court rules gynecologist can’t testify on mental competency

June 4, 2014
Jennifer Nelson
A bank is able to foreclose on a mortgage against the estate of a deceased 95-year-old woman who opened the line of credit to pay her granddaughter to take care of her. But the elderly woman’s daughter argued the granddaughter unduly influenced Mildred Borgwald to open the account.
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COA orders trial over 1 issue in contaminated development land suit

June 4, 2014
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial on the issue of whether the known loss doctrine would bar coverage of an insurance policy held by the owner of land sold for a housing development that later was found to have been contaminated with toxic waste. A builder sued the landowner, claiming he knew of the potential contamination and failed to inform the builder.
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No abuse by trial court in modifying maintenance payment terms

June 4, 2014
Jennifer Nelson
The Indiana Court of Appeals held that a trial court did not abuse its discretion when it denied a man’s petition to revoke spousal maintenance.
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Justices question prosecutor’s tactics, but decline to award new trial

June 4, 2014
Jennifer Nelson
The Indiana Supreme Court ruled Tuesday that while a Marion County prosecutor committed one instance of prosecutorial misconduct during a man’s trial for sexual misconduct with a minor, the effect of this misconduct did not make a fair trial for the defendant impossible.
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Indiana to get $2.1M in drugmaker settlement

June 4, 2014
IL Staff
The Office of the Indiana Attorney General announced Wednesday that the state will receive nearly $2.1 million in a multi-state settlement with GlaxoSmithKline LLC concerning three of its drugs.
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Depositions delayed in Spierer civil case

June 4, 2014
Dave Stafford
Attorneys for the parents of missing Indiana University student Lauren Spierer must delay more than a dozen planned depositions. The depositions were scheduled this month in four cities in the federal civil trial naming two of the people believed to have last seen Spierer.
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Proposed e-filing rule comment period open

June 4, 2014
Dave Stafford
Lawyers will be able to file state court cases and motions with the ease of clicking a button beginning next year. Getting to that point won’t be so simple.
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