Legal News

Trucker’s widow entitled to prejudgment interest, COA decides

December 31, 2015
Dave Stafford
The widow of a truck driver killed in an accident is entitled to collect more than $622,000 in prejudgment interest on a $6 million verdict, but is otherwise barred from an award of attorney fees, the Indiana Court of Appeals ruled on rehearing Thursday.
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COA affirms judgment for law firm on malpractice claim

December 31, 2015
Dave Stafford
A law firm was properly granted summary judgment on a malpractice counter-complaint a bankruptcy client filed after the firm sued for nonpayment of legal fees.
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COA re-enters molestation conviction, rejects evidence challenge

December 31, 2015
Dave Stafford
A trial court erred in vacating one of two convictions of Class A felony child molesting at a Dearborn County man’s sentencing, the Court of Appeals ruled Thursday. The panel also rejected the offender’s claim evidence should not have been admitted.
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Majority: Expungement applies to civil forfeiture action

December 31, 2015
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals was divided Thursday over whether a man’s civil forfeiture action that stemmed from a drug bust should have been expunged in addition to his criminal record in the matter.
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COA: Doctor had duty to nurse practitioner’s patient who died

December 31, 2015
Jennifer Nelson
An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.
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Judge temporarily blocks law barring workers from office

December 31, 2015
 Associated Press
A Lake County judge has temporarily blocked a state law that bars five municipal employees from holding elected office in the same city or town.
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Notre Dame to add tax clinic to curriculum

December 31, 2015
Marilyn Odendahl
Notre Dame Law School is preparing to launch a tax clinic to assist low-income and immigrant families in northern Indiana.
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Facebook’s suit against Ceglia lawyers thrown out on appeal

December 30, 2015
 Bloomberg News
Facebook Inc.’s malicious-prosecution lawsuit against lawyers and firms that represented Paul Ceglia in his claim to own half the social media giant was thrown out on appeal.
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County scores partial victory on mall assessments

December 30, 2015
Jennifer Nelson
The Marion County assessor, who argued the values assigned to Washington Square mall for 2006-2010 were too low, will see an uptick in the assessed value of the mall in three of those years following a ruling from the Indiana Tax Court.
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Judge grants extensions Pence sought in Syrian refugee case

December 30, 2015
Dave Stafford
A federal judge has granted extensions the administration of Gov. Mike Pence sought as it continues to oppose a charity’s resettlement of Syrian refugees in Indiana. The ACLU of Indiana, meanwhile, calls discovery demands the state has directed at the nonprofit agency “breathtaking.”
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Man did not provide enough evidence to support lower home valuations

December 30, 2015
Jennifer Nelson
A homeowner seeking to reduce the valuation of his residential properties did not provide enough evidence to the Indiana Board of Tax Review to support his argument, the Indiana Tax Court ruled Wednesday in two separate appeals.
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Court sua sponte reverses 5 convictions

December 30, 2015
Jennifer Nelson
Although a man convicted in a brutal attack on his grandmother lost his arguments on appeal, the Indiana Court of Appeals sua sponte reversed five of his six convictions stemming from the attack for double jeopardy reasons.
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COA: Termination hearing did not comply with Open Door Law

December 30, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a southern Indiana school board after finding its holding of a public meeting at 2:30 a.m. regarding the employment of a teacher violated the Open Door Law.
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Retiring federal Judge Robert Miller Jr. praised for legal analysis and temperament

December 30, 2015
Marilyn Odendahl
With the exception of the year Judge Robert Miller Jr. spent clerking for the late U.S. District Judge Robert Grant, he has spent his entire working life wielding a gavel. He served for 11 years in St. Joseph Superior Court before his appointment to the federal bench.
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House party hosts face heightened liability after recent COA ruling

December 30, 2015
Dave Stafford
Just in time for holiday revelry and New Year’s Eve celebrations, an Indiana appeals court ruled hosts of house parties may be held liable for the well-being of guests who drink too much.
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Smoking ban dispute heads to Supreme Court

December 30, 2015
Dave Stafford
The Indiana Supreme Court wants to hear more from Hoosier Park about why patrons at its Winner’s Circle off-track betting parlor in Indianapolis should be allowed to light up when smoking in public is otherwise generally banned by city ordinance.
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Indiana’s alcohol laws withstand court challenges

December 30, 2015
Marilyn Odendahl
Recent rulings from state and federal courts underscore that while Indiana’s alcohol laws may be silly, quirky and arcane, they are not so easily changed.
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2040 vision: Lawyers look at the future

December 30, 2015
Marilyn Odendahl
As part of Indiana Lawyer’s commemoration of its silver anniversary this year, we asked a varied group of attorneys to look ahead to the year 2040. They outlined what they thought the profession would be like, how they hoped the profession would change, and what they did not want the profession to become.
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Inmate wins $10,000 verdict against US for prison injury

December 29, 2015
Dave Stafford
A federal inmate who cut his forearm on a jagged bed frame won a $10,000 judgment in his lawsuit against the United States.
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Split COA finds attorney did not provide adequate counsel

December 29, 2015
Marilyn Odendahl
Two typewritten letters and handwritten notes between a now-deceased defense attorney and a former prosecutor have divided the Indiana Court of Appeals over whether a plea agreement had actually been negotiated.
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Court: Disputed model year may void van sale agreement

December 29, 2015
Dave Stafford
A trial court erred when it granted summary judgment in favor of the seller of a van who represented to the buyer the vehicle was a year newer than recorded on the title.
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Officials: 'Affluenza' teen, mother detained in Mexico

December 29, 2015
 Associated Press
A sheriff in Dallas said Tuesday an arrest warrant will be issued for a Texas woman who was found with her son in Mexico, a teenager on probation after killing four people in a drunken-driving wreck and invoking an "affluenza" defense
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Some police, prosecutors back tougher cold-medicine law

December 29, 2015
 Associated Press
Some Indiana police agencies say their fight against methamphetamine production would be helped by a proposed state law change to require a doctor’s prescription for a common cold medicine that is used to make the illegal drug.
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Indiana law drives down moped thefts, sales

December 29, 2015
 Associated Press
Evansville Police Department spokesman Sgt. Jason Cullum said scooter theft reports fell from 269 in 2014 to just 79 as of Dec. 17. He said that’s because scooters are now easier to track if stolen because they now must be registered and licensed.
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DraftKings asks Illinois court to call fantasy sports legal

December 28, 2015
 Bloomberg News
DraftKings Inc., one of the two main providers of daily fantasy sports games in the U.S., asked an Illinois court to overturn a finding by the state’s attorney general that the games are illegal gambling.
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