Courts

State responsible for costs in relocating Medicaid patients

April 11, 2011
Jennifer Nelson
Indiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana Court of Appeals ruled Monday.
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Justices accept 4 cases

April 11, 2011
IL Staff
The Indiana Supreme Court has taken four cases, including one that deals with an insurance dispute over cleanup costs.
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Pilot project uses secure network for foreclosure settlement agreements

April 11, 2011
IL Staff
The Indiana Supreme Court announced Monday a new program that allows parties in mortgage foreclosure settlement cases to exchange financial documents over a secure online network.
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Government shutdown would have little impact on federal legal system

April 8, 2011
Michael Hoskins
Even if the U.S. Congress fails to pass a short-term budget measure and prevent a government shutdown before midnight Friday, the various arms of the Indiana federal legal community will remain operating mostly as usual – at least for the time being.
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COA: personal injury action should be allowed to proceed

April 8, 2011
Jennifer Nelson
The Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.
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Judges divided on calculation of damages after negligence

April 7, 2011
Jennifer Nelson
The Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because the deceased man had at least a 50 percent chance of survival before the medical negligence.
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Exonerated death-row inmate to speak at Indiana University campuses

April 7, 2011
IL Staff
Randy Steidl, who was nearly executed for a crime he didn't commit and went on to become the public face of the abolition of the death penalty in Illinois, will tell his story during visits to Indiana University campuses in Bloomington and Indianapolis.
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Court tackles 'sexual activity' meaning in statute

April 7, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
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Judges affirm denial of post-conviction relief

April 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana Evidence Rule.
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Judge dismisses civil forfeiture suit against state prosecutors

April 6, 2011
Michael Hoskins
A 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.
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State won't immediately appeal IBM 'deliberative processes' ruling

April 6, 2011
Michael Hoskins
At least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision that held a “deliberative process” privilege exists in Indiana.
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Coroner's office loses 2nd reverse-discrimination appeal

April 5, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic pathology company’s contract may have been based on race.
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Federal judge upholds Evansville man's death sentence

April 4, 2011
Michael Hoskins
A federal judge in Indianapolis has upheld the death sentence of a condemned man who killed his wife and two young children in Evansville a decade ago.
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COA reverses judgment in title insurance issue

April 4, 2011
Jennifer Nelson
The Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
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Circuit Court orders new trial on Rule 404(b) grounds

April 4, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has found an Indiana federal court should not have allowed evidence of a defendant’s prior drug convictions under Federal Rule of Evidence 404(b). As a result of the violation, the judges reversed the man’s drug conviction and ordered a new trial.
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Case asks whether school board members can run for political office

April 1, 2011
Michael Hoskins
A Lake Superior judge may not be breaking any new legal ground with an election-related ruling this week, but he’s set the stage for an appeal that could clear up confusion about whether nonpartisan school board members must give up their right to run for a public office that requires the candidate to declare their political party affiliation.
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Bankruptcy courts seek comments on local rules

April 1, 2011
IL Staff
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on several proposed changes to local rules, and the addition of a new local rule.
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COA to hear appeal at University of Southern Indiana

April 1, 2011
IL Staff
The Indiana Court of Appeals will be in Evansville April 4 to hear an appeal regarding methamphetamine convictions.
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7th Circuit rules on Rolls-Royce job-bias case

March 31, 2011
Michael Hoskins
A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.
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Judges: defendant should be able to confront witness

March 31, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.
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Indy lawyer pays $371,000 to settle Fair Finance lawsuit

March 31, 2011
Greg Andrews
Fair Finance Co.’s bankruptcy trustee has reached a $371,000 settlement with Stephen Plopper, an Indianapolis attorney accused of defaulting on a 2003 loan from the Tim Durham-owned business.
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Court: DNR case can proceed despite 11-year delay

March 31, 2011
Michael Hoskins
The Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s of great public importance and should be decided on the merits.
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Court: 'ingress' and 'egress' doesn't include parking

March 30, 2011
Michael Hoskins
The Indiana Court of Appeals has reversed a trial judge on a land use dispute between two sets of neighbors, finding that the clear meanings of “ingress" and "egress” do not include parking as two of the Porter County residents had argued based on past caselaw.
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SCOTUS asked to take Indiana stun belt case

March 30, 2011
Michael Hoskins
The Supreme Court of the United States is being asked to consider an Indiana case about a convicted murderer’s claim that he was improperly restrained with a stun belt during his trial and that led to a wrongful conviction.
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COA to hear appeal in stalking case at IU-South Bend

March 30, 2011
IL Staff
The Indiana Court of Appeals will hear oral arguments Thursday at Indiana University – South Bend.
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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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