Legal News

Court of Appeals finds insurer’s intent is not clear in policy language

August 28, 2012
Marilyn Odendahl
Finding language in an insurance policy to be ambiguous, the Court of Appeals reversed and remanded a trial court’s entry of summary judgment for an insurance company.
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Inmate loses challenge to law ending certain educational funding

August 28, 2012
Jennifer Nelson
The 2011 amendment that stopped state funding of postsecondary education programs in correctional facilities for convicted felons who are confined in a penal facility is not an ex post facto law nor does it violate an inmate’s constitutional rights, the Indiana Court of Appeals ruled.
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Man’s convictions affirmed, but court orders record set straight

August 28, 2012
Dave Stafford
An Indianapolis man lost his criminal appeal Tuesday, but the Indiana Court of Appeals ordered the trial court to correct an abstract of judgment that incorrectly recorded a felony conviction.
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Appeals court affirms order for expert witness to indemnify past employer

August 28, 2012
Dave Stafford
An expert for a plaintiff in a medical malpractice case who was ordered to execute a release indemnifying a former employer must do so, the Indiana Court of Appeals ruled Tuesday.
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COA finds petitioner failed to show trial counsel was ineffective

August 27, 2012
Marilyn Odendahl
In affirming a post-conviction court’s judgment, the Indiana Court of Appeals found a convicted child molester failed to carry his burden in claiming that his attorney was ineffective.
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Court affirms judgment with minor recalculation in decade-long dispute

August 27, 2012
Dave Stafford
The Indiana Court of Appeals affirmed most of the $627,570 judgment in favor of a Fort Wayne restaurant operator sued by former mortgagors in a rehearing of litigation dating back more than a decade, but it ordered recalculation of a judgment based on the restaurant’s earnings.
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Appeals court reverses decision for lessee of contaminated industrial building

August 27, 2012
Dave Stafford
A company that leased a building with environmental contamination was improperly granted summary judgment over the environmental issues and claims of breach of contract, the Court of Appeals ruled Monday.
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Judges order new robbery trial

August 27, 2012
Jennifer Nelson
Because a trial judge did not re-read all of the jury instructions when giving jurors an additional instruction after deliberations began, the Indiana Court of Appeals ordered a new trial on the felony robbery charge.
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Man unable to prevent settlement agreement

August 27, 2012
Jennifer Nelson
The man who wanted to purchase a divorcing couple’s farm lacked a present interest in the real estate and couldn’t prevent a settlement agreement between the couple, which led to the husband keeping the farm, the Indiana Court of Appeals held.
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Maurer taps faculty and alumni to serve on dean search committee

August 27, 2012
IL Staff
Indiana University Provost and Executive Vice President Lauren Robel has announced the members of the search and screening committee to identify finalists for the position of dean of the Indiana University Maurer School of Law.
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State sues ex-school chief, seeks $615,000

August 24, 2012
IL Staff
The former superintendent of a small southern Indiana school system owes the district more than $615,000 in public money that he misappropriated, according to a lawsuit filed by Indiana Attorney General Greg Zoeller’s office.
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Law firms pursue BP bad-gas class action

August 24, 2012
Dave Stafford
One Indiana firm has filed a class-action lawsuit against BP in the wake of the company's gasoline recall in northwest Indiana. Two other law firms are pursuing a possible class-action suit.
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Updated instructions aim to prevent social media use during trial

August 24, 2012
IL Staff
Federal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
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Steak ’n Shake loses appeal over franchisee’s independent pricing

August 24, 2012
Dave Stafford
A longtime Steak ’n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s favor.
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IUPUI names McKinney dean search committee members

August 23, 2012
IL Staff
Indiana University-Purdue University Indianapolis Chancellor Charles R. Bantz announced the names of 14 people who will serve on a committee that will conduct a national search for Indiana University Robert H. McKinney School of Law’s next dean. Dean Gary Roberts has announced that he will retire as dean in June 2013.
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Judges disagree over use of summary judgment to pierce corporate veil

August 23, 2012
Jennifer Nelson
One Court of Appeals judge believed the “only reasonable inference” that could be drawn from the evidence in a collections case is that a former company was a “sham corporation,” so the trial court properly pierced the corporate veil on summary judgment.
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7th Circuit rules trial attorneys not ineffective

August 23, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals declined to find a defendant's trial attorneys' representation objectively deficient or ineffective pertaining to how they handled a man’s sentencing hearing.
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Bunch freed after 16 years in prison

August 23, 2012
IL Staff
Kristine Bunch, the woman who claimed she was wrongfully convicted of killing her son in a fire in 1995, was released from prison following a bond hearing Wednesday in Decatur County. The Indiana Court of Appeals reversed her convictions and ordered a new trial on the murder charge.
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Alternate juror’s comment doesn’t entitle man to new trial

August 22, 2012
Jennifer Nelson
A trial court properly determined an alternate juror’s alleged conduct posed only a remote risk of prejudice, and the judge’s admonishment of that juror was not an error, the Indiana Court of Appeals held.
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Father’s confession shouldn’t have been admitted at trial

August 22, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a father’s conviction of child molesting related to his daughter, finding his confession, which was admitted into evidence at trial, was obtained in violation of Miranda protocol.
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Court addresses use of epidemiological evidence in med mal cases

August 22, 2012
Jennifer Nelson
The Indiana Court of Appeals held that the trial court ruled correctly when it did not allow certain epidemiological evidence by a plaintiff’s expert witness in a medical malpractice lawsuit, but the court stopped short of saying this type of evidence could never be admitted in a medical malpractice case.
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Indiana pleased with decision to vacate EPA Transport Rule

August 22, 2012
IL Staff
The split decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s Cross-State Air Pollution Rule because of federal law violations is “great news” for Indiana, Gov. Mitch Daniels said.
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IndyBar hosting free electronics recycling drive

August 22, 2012
IL Staff
Have an old computer, cell phone, or other electronics lying around your house or office that you’d like to get rid of? This Friday, you can drop off those items at a free drive-thru e-cycling event sponsored by the Indianapolis Bar Association.
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Pyle to join Court of Appeals Aug. 27

August 22, 2012
Jennifer Nelson
The Indiana Court of Appeals announced Tuesday that its newest judge, Rudolph Pyle III, will take the oath of office in a private ceremony Aug. 27.
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State moves forward with IBM appeal

August 21, 2012
Dave Stafford
Attorneys for the state of Indiana have begun the formal appeal process after a Marion County court in July awarded a $52 million judgment to IBM over cancellation of the company’s contract to privatize social service claims processing.
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