Courts

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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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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Judge did not modify jury instructions

August 21, 2012
Jennifer Nelson
A Lawrence County man was unable to prove to the Court of Appeals that the trial court abused its discretion when it denied his motion for a mistrial. He argued the judge modified the jury instructions when he answered a question from the jury in mid-deliberations.
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Justices take 1 case, deny 7

August 21, 2012
IL Staff
The Indiana Supreme Court took a post-conviction case Aug. 13 and sent it back to the Court of Appeals for consideration.
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Pyle leaving Circuit Court Aug. 26

August 20, 2012
Jennifer Nelson
Madison Circuit Judge Rudolph Pyle III has told the Indiana Supreme Court he will resign from Circuit Court Aug. 26 to take his spot on the Indiana Court of Appeals. Gov. Mitch Daniels appointed Pyle an appellate judge Aug. 7.
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DCS, criminal law study committees meet this week

August 20, 2012
Jennifer Nelson
The Department of Child Services Interim Study Committee will meet for the first time Wednesday afternoon to discuss various matters including funding and child in need of services cases.
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Tax judge declines to require attorneys represent LLCs in court

August 20, 2012
Jennifer Nelson
The Indiana Department of State Revenue asked the Indiana Tax Court to create a rule requiring limited liability companies be represented by attorneys in court, similar to a rule pertaining to corporations, but Judge Martha Wentworth declined to “invent such a rule where one does not currently exist.”
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Man had no constitutional right to counsel

August 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
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Judges uphold insurers’ share of settlement liability

August 17, 2012
Jennifer Nelson
A District judge did not err in how he apportioned liability among three insurers for payment of a settlement between an injured worker and a contractor, the 7th Circuit Court of Appeals held Friday.
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AT&T technicians file lawsuit over lunch policy

August 17, 2012
Chris O'Malley
Eleven AT&T technicians have filed a federal lawsuit seeking class-action status to collect unpaid wages and overtime, alleging the company compels them to work during unpaid lunch breaks.
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Federal Rules website revamped, accepting comment on rule changes

August 17, 2012
Jennifer Nelson
The United States Courts’ Judicial Conference Advisory Committee on Appellate, Bankruptcy, Criminal, and Evidence Rules announced Friday that it is seeking comment on several proposed changes to the Federal Rules of Practice and Procedure, as well as changes made to its website. Officials hope the revamped website will be more user-friendly.
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Trial court has no authority to alter man’s conviction

August 17, 2012
Jennifer Nelson
An Elkhart Superior judge was correct in determining that he couldn’t reduce a man’s Class D felony conviction to a Class A misdemeanor a year after the original judgment was made, the Indiana Court of Appeals ruled.
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7th Circuit rules in favor of attorneys in failed business investment

August 16, 2012
Jennifer Nelson
A group of investors suing attorneys who worked on the establishment of two business entities – which later failed – were unable to show the 7th Circuit Court of Appeals that the attorneys owed the investors any legal duty.
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JNC’s justice candidate evaluation letter sent to governor

August 16, 2012
IL Staff
The Indiana Judicial Nominating Commission sent its letter to Gov. Mitch Daniels Wednesday explaining the qualifications of justice finalists Hamilton Superior Judge Steven Nation, Tippecanoe Superior Judge Loretta Rush, and Taft Stettinius & Hollister LLP partner Geoffrey Slaughter.
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State fair settlement fails

August 16, 2012
IL Staff
Mid-America Sound Corp., one of two companies that offered an additional $7.2 million to victims of the Indiana State Fair stage collapse, announced it will not proceed with its offer after deciding not enough claimants accepted the settlement arrangement.
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LSC says funding cuts will reduce staff, close offices

August 16, 2012
Jennifer Nelson
The Legal Services Corporation offices around the country will have to lay off staff – including 350 attorneys – due to funding cuts, according to a survey released Wednesday by the legal aid program.
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Couple’s trial strategy worked against them

August 15, 2012
Jennifer Nelson
A couple who consented to an entry of judgment on the evidence against them in a negligence claim in order to appeal the evidentiary rulings lost their case in the Indiana Court of Appeals.
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Inmate’s public records request denied

August 15, 2012
Jennifer Nelson
An inmate at the Pendleton Correctional Facility was unable to identify with reasonable particularity the records he sought from the Fort Wayne Police Department, the Indiana Court of Appeals concluded Wednesday. The case also allowed the judges for the first time to address “reasonable particularity” under the Access to Public Records Act.
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Judges order proceedings on guarantors’ liability

August 15, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed in part and reversed in part a dispute between a company and its mortgage holder regarding how money received from the city of Lawrenceburg as part of a settlement should be applied to the mortgage.
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Conour now accused of taking $4.5M from clients

August 15, 2012
Jennifer Nelson
Special U.S. Attorney Richard Cox filed an information in federal court Tuesday which accuses William Conour of stealing more than $4.5 million from 25 clients.
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Man did not validly waive right to jury trial

August 15, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a Vanderburgh County man’s misdemeanor convictions of battery and public intoxication, finding he did not waive his right to a jury trial.
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Nurses may be expert witnesses in some standard of care disputes

August 15, 2012
Jennifer Nelson
The Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged breach caused an injury.
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Immigration law challenge moves forward in Northern District

August 15, 2012
IL Staff
U.S. Magistrate Judge Andrew P. Rodovich in Hammond Tuesday granted the state’s unopposed motion to lift the stay of a lawsuit in the Northern District challenging portions of Indiana’s immigration law dealing with employment.
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Allen Superior Judge John Surbeck receives national judicial award

August 15, 2012
Jennifer Nelson
Allen Superior Judge John F. Surbeck Jr. received the 2012 William H. Rehnquist Award for Judicial Excellence from the National Center for State Courts, the nonprofit organization announced Tuesday. The award is presented annually to a state court judge who exemplifies the highest level of judicial excellence, integrity, fairness, and professional ethics.
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