Courts

Justices uphold Jay County teachers’ CBA

July 21, 2016
Jennifer Nelson
In a 4-1 decision, the Indiana Supreme Court affirmed the last best offer made by the Jay School Corp. regarding a collective bargaining agreement for the 2013-14 school year. The teachers took issue with a provision involving the salary of teachers hired mid-school year.
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Woman sues state over untimely insurance enrollment

July 21, 2016
IL Staff
A lawsuit filed Thursday alleges the state ignored federal law requiring it to provide health insurance coverage within a reasonable time frame and must retroactively pay for an Elletsville woman’s medical bills.
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Recommendation of plea document passes ‘duck test’

July 21, 2016
Jennifer Nelson
Citing the “duck test” credited to Hoosier poet James Whitcomb Riley, the Indiana Court of Appeals held that a “recommendation of plea” document was a plea agreement the trial judge was free to accept or reject.
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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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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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