Courts

Judges affirm grant of senior living facility’s arbitration motion

July 21, 2016
Jennifer Nelson
Although a senior living facility “inexplicably” failed to keep a copy of an arbitration agreement signed by a resident, the facility produced enough extrinsic evidence to conclude an enforceable arbitration agreement exists, the Indiana Court of Appeals ruled.
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7th Circuit: Judge should have disqualified herself in sentence challenge

July 21, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals ruled Wednesday that a federal judge in Indianapolis should have excused herself from hearing a man’s petition regarding his sentence because she was the one who sentenced him while she was a judge in state court. In doing so, the federal appellate court overturned two lines of decisions.
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COA: Woman, not bank, entitled to foreclosure surplus funds

July 21, 2016
Jennifer Nelson
A trial court misapplied the law regarding disbursement of surplus sale proceedings from a sheriff’s sale when it ordered the full surplus to the bank that owned the first mortgage on the home, the Indiana Court of Appeals held. The law requires the surplus to go to the mortgage debtor.
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Feds sue Anthem, Cigna to block $48B merger

July 21, 2016
 Bloomberg News, IBJ Staff
U.S. antitrust enforcers on Thursday roundly rejected a pair of proposed deals that would consolidate the nation’s five biggest health insurers into just three.
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DCS agrees more caseworkers needed, argues against suit

July 20, 2016
Indiana’s Legislature and governor have failed to provide resources to ensure sufficient case managers to protect children and families, a lawyer representing the Department of Child Services told the Indiana Court of Appeals Wednesday. But she argued a caseworker’s lawsuit against the agency was the wrong way to enforce state law requiring those workers have no more than 17 cases each.
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On rehearing, judges find investigator’s photos admissible

July 20, 2016
Jennifer Nelson
The Indiana Court of Appeals granted rehearing to a case involving a lawsuit brought by a man injured by a sheriff deputy’s vehicle while he walked along the side of the road. The divided court held certain evidence, including an investigator’s affidavit and photos, are admissible at trial.
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COA: School’s insurance doesn’t cover student who injured teacher

July 20, 2016
Jennifer Nelson
Although the Indiana Court of Appeals disagreed with parts of a trial court’s ruling in an insurance coverage dispute, the judges affirmed the ruling that the insurance policy of a school where a student injured her teacher during class is not the primary insurance in the teacher’s personal injury suit.
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Indiana Supreme Court disbars Tim Durham

July 20, 2016
Jennifer Nelson
The Indiana Supreme Court disbarred Indianapolis attorney Tim Durham Wednesday because of his “fraudulent looting of funds entrusted to him by investors.” Durham is currently serving a 50-year sentence for 10 counts of wire and securities fraud.
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Administration asks for new immigration review with 9 justices

July 20, 2016
 Associated Press
The Obama administration says the U.S. Supreme Court should seek to break its recent tie over plans to protect millions of immigrants, when a ninth justice is on the bench.
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Ex-wrestlers sue WWE over head injuries

July 20, 2016
 Associated Press
More than 50 former professional wrestlers sued World Wrestling Entertainment Inc., saying the company is responsible for repeated head trauma including concussions they suffered in the ring that led to long-term neurological damage.
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Judge reignites debate over researching jurors online

July 20, 2016
 Associated Press
Mining prospective jurors' Facebook, Twitter and other social media accounts is common practice for many attorneys looking to spot biases that might cost their clients a fair trial.
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Justices take just 1 case on transfer

July 19, 2016
IL Staff
The Indiana Supreme Court granted transfer to one case last week, a criminal matter in which it issued its decision the same day it accepted it.
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Vacancy opening up in Northern District Bankruptcy Court

July 19, 2016
Jennifer Nelson
The 7th Circuit Judicial Council is now accepting applications for judge in the U.S. Bankruptcy Court for the Northern District of Indiana in Hammond.
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Gary bar loses by default, owes fight promoter $6,000

July 19, 2016
Dave Stafford
A Gary bar that allowed patrons to watch an Ultimate Fighting Championship broadcast must pay more than $6,000 in damages for failing to pay for a license to air the broadcast, a federal judge ruled.
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State revenue department bound by 1998 ruling

July 19, 2016
Jennifer Nelson
The Indiana Department of State Revenue should have granted a medical equipment company’s request for a sales tax refund, the Indiana Tax Court ruled, finding the department is bound by its published ruling interpreting the exemption at issue.
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Appeals court says prosecutor manual can stay secret

July 19, 2016
 Associated Press
A federal appeals court says the Justice Department does not have to turn over a prosecution training manual to defense attorneys.
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After 10-year legal battle, Zionsville approves Wal-Mart's store plans from 2006

July 19, 2016
Lindsey Erdody, IBJ Staff
The Zionsville Plan Commission on Monday night unanimously approved Wal-Mart Stores Inc.’s 10-year-old proposal to construct a store in one of the area's top retail corridors.
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3rd officer acquitted in black man's police custody death

July 19, 2016
 Associated Press
A judge further hollowed out the case against six Baltimore police officers charged in the death of a young black man, delivering a third consecutive acquittal and ruling once again that prosecutors failed to prove officers intentionally hurt Freddie Gray.
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Man guilty in murder of man whose body was found at power plant

July 19, 2016
 Associated Press
A southwestern Indiana jury has found a man guilty of murder and conspiracy to commit murder in the shooting death of a man at a power plant.
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Southern District mandatory pro bono service to start in October

July 18, 2016
Marilyn Odendahl
Attorneys could be tapped to handle cases under the U.S. District Court for the Southern District of Indiana’s new mandatory pro bono rule before the end of this year.
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What’s in a name? Litigation, if it’s Square Donuts

July 18, 2016
Dave Stafford
A federal judge last week kept alive a lawsuit filed by a northern Indiana maker and seller of Square Donuts against Square Donuts Inc., the Terre Haute-based company that sells its trademarked treats mostly across the four corners of southern Indiana.
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Ball State University settles excessive force lawsuit

July 18, 2016
 Associated Press
Ball State University has agreed to pay a local hip-hop artist $10,000 to settle an excessive force civil lawsuit after one of its officers used a leg sweep to take the person to the ground.
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Website set up for COA judges facing retention vote

July 18, 2016
IL Staff
Indiana’s state courts have established a website with information about four Indiana Court of Appeals judges facing retention on the November ballot.
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Cass County adopts e-filing; Elkhart up next

July 18, 2016
IL Staff
Cass County became the 10th in the state to implement electronic filing in its Circuit and Superior courts Monday, and the rollout of e-filing will continue next Monday when Elkhart County begins to offer the service.
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GM avoids some claims in suits over faulty ignition switches

July 18, 2016
 Bloomberg News
A federal judge dismissed a swathe of customer claims in the nationwide litigation over General Motors Co.’s deadly ignition switch defect that triggered the recall of millions of vehicles two years ago.
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