lawsuit
Appellate court orders reinstatement of jury verdict
May 4, 2011
Jennifer NelsonFinding a trial judge erred when granting a new trial because he didn’t make specific findings in setting aside a jury
verdict, the Indiana Court of Appeals reversed the lower court and ordered the jury verdict reinstated.
MoreLandlord sent itemized letter on time
May 4, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord
did deliver an itemized damages letter within statutory deadlines.
MoreJudges split on District Court’s use of Colorado River abstention doctrine
May 3, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery
Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department
of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the
homeowners’ suit based on the Colorado River abstention doctrine.
MoreSCOTUS denies cert, upholding Indiana's judicial canons
May 2, 2011
Michael HoskinsIt’s official: Indiana’s judicial canons are constitutional and the rules don’t infringe upon a judge or
candidate’s free speech rights.
MoreSCOTUS denies Indiana judicial canons case
May 2, 2011
Michael HoskinsThe Supreme Court of the United States has refused to take a case asking whether Indiana’s judicial canons constitutionally
infringe on the free speech rights of those on or vying for seats on the bench.
MoreCOA rules on unjust enrichment issue for first time
April 29, 2011
Jennifer NelsonFor the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and
decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent
with the contract.
MoreFirst impression issue on 'in loco parentis' doctrine
April 29, 2011
Jennifer NelsonUntil Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context
of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit
against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
MoreJudge dismisses civil forfeiture suit against state prosecutors
April 6, 2011
Michael HoskinsA Marion Superior judge has tossed a lawsuit against 78 county prosecutors being accused of breaking the law by not turning
over seized assets from criminals to a school construction fund. In doing so, the judge expressed concern about the lack of
reasoning and consistency demonstrated by prosecutors throughout the state.
MoreMisdemeanant challenges voting lockout
March 16, 2011
Michael HoskinsWhen a former town council member in northern Indiana was sentenced to county jail for two months on a misdemeanor battery
conviction, he didn’t realize that experience would take away his right to vote.
More7th Circuit denies petition to remove judge
March 4, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals denied a man’s petition for writ of mandamus to remove a federal judge from a case
he is involved with that’s still pending in District Court. The man failed to intervene in the case and his interest
in the case is too uncertain to give him the rights of a party automatically, the judges ruled Friday.
MorePorter County can't leave RDA
March 2, 2011
Jennifer NelsonA northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate
economic development, the Indiana Court of Appeals held Wednesday.
MoreJudges address first impression issue on attorney fees
February 18, 2011
Jennifer NelsonFor the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible
for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
MoreDCS to impose 5 percent reduction for reimbursement in 2011
February 18, 2011
Jennifer NelsonThe Indiana Department of Child Services and IARCCA, an Association of Children and Family Services, announced their agreement
today in a dispute regarding reimbursement rate cuts. The dispute led to a lawsuit filed in late 2009 between the two organizations.
MoreJudge affirms retaining charges but finds criminal prosecution unjust
February 18, 2011
Jennifer NelsonAn Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of
violating several city ordinances after her dogs attacked two people.
MoreSupreme Court hears arguments in victims' advocates subpoena case
February 17, 2011
Rebecca BerfangerThe Indiana Supreme Court heard oral arguments today involving the subpoena of records from a domestic violence agency by
a defendant who had been charged with two counts of Class A felony child molesting.
MoreJustices find statute doesn't apply to landfill facility
February 10, 2011
Jennifer NelsonThe Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that
a new law doesn’t apply to the facility or require it to get a new permit.
MoreAppeals court reverses summary judgment for pharmacist, CVS
February 10, 2011
Jennifer NelsonThe Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer
to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment
in favor of the drug store and pharmacist in a negligence suit.
MoreJustices to hear negligence case at IU-Indy
February 7, 2011
IL StaffThe Indiana Supreme Court will hold oral arguments in a case alleging negligence against the Putnam County sheriff Tuesday
at Indiana University School of Law - Indianapolis.
MoreFlorida judge rules health-care law unconstitutional
January 31, 2011
Jennifer NelsonA federal judge in Florida has found that Congress has exceeded its authority in passing sweeping health-care reform in 2010
by including the individual mandate that people must purchase health insurance by 2014 or pay a penalty. Indiana had joined
with 25 other states, two individuals, and the National Federation of Independent Business to challenge the law.
MoreLaw firm files class-action lawsuit for estate planning UPL
January 25, 2011
Michael HoskinsA Logansport law firm has filed a class-action lawsuit against an Indianapolis company that the state’s highest court
last year determined engaged in the Unauthorized Practice of Law, suing on behalf of thousands of residents for what attorneys
estimate could be $10 million to $20 million in damages.
MoreFederal act preempts state law claims
January 25, 2011
Jennifer NelsonThe Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.
Lawsuit challenges free-expression restriction at airport
January 24, 2011
Jennifer NelsonA Fort Wayne man is suing the Allen County Airport Authority because he claims a recently enacted resolution severely restricts
his ability to protest the new screening procedures implemented by the Transportation Security Administration.
MoreJudges order consideration of discovery demands
January 24, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery
demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.
MoreHospitals seek Medicare reimbursement
January 20, 2011
Jennifer NelsonSeveral Indiana hospitals are suing the Secretary of the U.S. Department of Health and Human Services over a Medicare reimbursement
dispute.
MoreCOA panel divided on trial court involvement with subpoena
January 12, 2011
Jennifer NelsonThe Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply
with a subpoena issued by arbitrators in New York.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.