Legal News

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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Quarles & Brady latest large firm to expand to Indianapolis

June 4, 2014
Dave Stafford
Larger firms see enough promise to set up shop in Indianapolis - not through merger or acquisition - but by expanding with the launch of a branded office. And then expanding some more.
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Hoosiers play integral roles in historic military commissions

June 4, 2014
Marilyn Odendahl
The words Indianapolis attorney Richard Kammen used to describe the trials taking place at Guantanamo Bay are jarring – “legally grotesque situation,” “huge stain on American justice,” “secret expedient rigged justice.”
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Justices reverse, reinstate wrongful death claim against nursing home

June 3, 2014
Dave Stafford
The estate of a woman who died in a nursing home after an attack by another resident may pursue a wrongful death claim, the Indiana Supreme Court ruled Tuesday. The family was initially told the woman suffered a fall but learned of the attack years later.
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COA affirms court order in trailer ownership and use dispute

June 3, 2014
Dave Stafford
A court that granted relief from a previous order in a dispute over the ownership and use of 119 semi-trailers was affirmed Tuesday by the Indiana Court of Appeals.
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Sentences imposed on Anderson juveniles in double homicide reduced

June 3, 2014
Dave Stafford
Two Anderson youths convicted for their roles in the shooting deaths of a couple they robbed of money and marijuana may someday be freed from prison after the Indiana Supreme Court significantly reduced their sentences Monday.
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Hogsett: Anti-violence summit coming to Indianapolis

June 3, 2014
IL Staff
As Indianapolis’ homicide rate continues at a near record rate, U.S. Attorney Joe Hogsett announced Tuesday that an anti-violence summit will take place in the city Sept. 3-5, bringing together federal prosecutors and Justice Department officials from around the country.
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Judges to tour Chicago-area justice centers

June 2, 2014
Dave Stafford
Marion Superior judges this week will visit two suburban Chicago criminal justice complexes as Indianapolis officials proceed with plans to build a jail and criminal courts complex west of the downtown mile square.
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Prosecutor’s ‘continual misconduct’ warrants new molestation trial

June 2, 2014
Dave Stafford
A man’s child molesting convictions were vacated and he was granted a new trial by the Indiana Court of Appeals, which found prosecutorial misconduct amounting to fundamental error. It’s the second reversal and remand attributable to the same prosecutor, the court noted.
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Conour claims restitution paid, that he's owed money

May 30, 2014
Dave Stafford
Former attorney and convicted fraudster William Conour has asked the federal court where he admitted he stole $6.5 million from dozens of wrongful-death and personal-injury clients to cut him a check for $184,214.26.
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ACLU of Indiana to host discussion of government surveillance

May 30, 2014
Marilyn Odendahl
A panel of experts next week will take a closer look at the devices that are taking a closer look at us.
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Admitting rifle into evidence not abuse of discretion, COA rules

May 30, 2014
Marilyn Odendahl
Telling the jury that an assault rifle was found in the car of the defendant did not unduly prejudice the jurors, the Indiana Court of Appeals has ruled.
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COA affirms remand to prior judge over father’s objection

May 30, 2014
Dave Stafford
A special judge appointed in a paternity case ruled correctly that matters in the case remanded by the Court of Appeals should be heard by the prior judge who heard the evidence, the appellate court held in a second appeal on the matter.
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COA: Hip-replacement tort cases must be heard where implants were done

May 30, 2014
Dave Stafford

Plaintiffs from Mississippi and Virginia may not pursue litigation in Marion County over defective replacement hip devices manufactured in northern Indiana, the Court of Appeals ruled Friday.

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Justifiable reason to stop driver enough to confirm subsequent conviction

May 30, 2014
Dave Stafford
Although a police officer began following a pick-up truck after he mistakenly ran the wrong license plate number, the driver’s conviction will stand because the officer did not initiate the stop until he observed the driver make a traffic violation.
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180 lawyers suspended over CLE, fee or IOLTA violations

May 30, 2014
IL Staff
The Indiana Supreme Court on Thursday suspended 180 lawyers who failed to pay attorney registration fees, meet continuing legal education requirements or submit certification of Interest on Lawyer Trust Accounts.
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Baker to mark 25 years on Court of Appeals

May 30, 2014
IL Staff
The longest-serving current judge on Indiana’s Court of Appeals will mark his 25th year on the appellate bench June 2.
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Ohio event to look at Indiana elections

May 29, 2014
IL Staff
The National Commission on Voting Rights is holding a public hearing in Columbus, Ohio, Friday for anyone with a stake in Indiana and Ohio elections. The event is part of a series of nationwide hearings held to collect testimony on the current landscape of voting and elections in the U.S.
More

Justices order further proceedings in underinsured motorist coverage case

May 29, 2014
Jennifer Nelson
Because issues of material fact remain regarding the applicable level of underinsured motorist coverage provided by a policy on a semi-tractor trailer, the Indiana Supreme Court reversed summary judgment for the insurance company.
More
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  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?

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  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.

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