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Justices take 6 cases, reject 26

December 17, 2012
Dave Stafford
The Indiana Supreme Court granted transfer in six of 32 cases reviewed in the week ending Dec. 14, according to the transfer disposition list posted Monday on the court website.
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Boosters of civic education honored by Indiana Bar Foundation

December 17, 2012
Marilyn Odendahl
During this week’s We The People state finals, the Indiana Bar Foundation will be honoring three individuals and one organization for their service to civic education and the competition.
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ATM fee notice change likely

December 17, 2012
IL Staff
A requirement that automated teller machines post notices on or near the machine will be repealed under a bill Congress has sent to President Barack Obama.
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Durham files to appeal federal conviction

December 17, 2012
IBJ Staff
Tim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late November.
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Woman who invited abusive spouse did not violate no-contact protective order

December 14, 2012
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals ruled the Indiana General Assembly was deliberate when it did not criminalize the violation of a protective order by the protected person.
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Star seeks rehearing on order to identify online commenter

December 14, 2012
Dave Stafford
The Indianapolis Star is asking the Court of Appeals to reconsider its order issued Dec.7 that required the newspaper to release the name of an online commenter Friday to a plaintiff who claims the remarks defamed him.
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Split court upholds $3.9 million workplace injury judgment

December 14, 2012
Dave Stafford
Whether a general liability carrier could intervene in a workplace injury lawsuit that awarded a plaintiff $3.9 million is a question that divided the Indiana Court of Appeals, which affirmed the lower court ruling.
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COA reminds ex-spouse that turnips cannot bleed

December 14, 2012
Marilyn Odendahl
Calling her interpretation of Indiana law incorrect, the Court of Appeals rejected a woman’s argument against the decrease in her spousal support and reminded her that “one cannot bleed a turnip.”  
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Divided appeals court affirms denial of incapacity maintenance

December 14, 2012
Dave Stafford
A woman with longstanding disabilities denied incapacity maintenance in her divorce judgment convinced one appellate judge that the trial court abused its discretion, but the majority affirmed the lower court’s decision.
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Judges uphold workers’ comp claim for nurse

December 14, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s ruling in favor of a home health care registered nurse on her claim for workers' compensation. The judges rejected the company’s argument that the board’s decision was based on the defunct “positional risk doctrine.”
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Hoosiers want legislators to focus on job creation

December 13, 2012
IL Staff
A survey released Thursday by the Bowen Center for Public Affairs at Ball State University shows that 81 percent of residents want job creation to be the main priority for the Indiana General Assembly in 2013. This is the third straight year that Hoosiers said jobs are the No. 1 priority.
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Justices issue 4 opinions tackling prejudgment interest

December 13, 2012
Jennifer Nelson
In four opinions dealing with the award of prejudgment interest under the Tort Prejudgment Interest Statute, the Indiana Supreme Court found Wednesday, among other things, that the TPIS applies to an action by an insured against an insurer to recover benefits under the insured’s underinsured motorist policy.
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Judges rule legal malpractice claim untimely

December 13, 2012
Jennifer Nelson
A family who sued an Allen County attorney after finding out he did not properly obtain ownership of a railroad right-of-way in 1995 lost its appeal before the Indiana Court of Appeals because the family’s lawsuit is barred by the statute of limitations.
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7th Circuit affirms ruling for officers on excessive force claims

December 13, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.
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Builder allowed to foreclose on lien

December 12, 2012
Jennifer Nelson
The Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose on a mechanic’s lien after the client withheld a final payment, claiming faulty work.
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Workers settle employment lawsuit against local hotels

December 12, 2012
Kathleen McLaughlin
Sixteen current and former Indianapolis hotel workers have settled their union-backed lawsuit that alleged employment violations by nine area hotels and Atlanta-based Hospitality Staffing Solutions, a subcontractor that employs many hotel workers.
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Indiana GAL/CASA program gets national grant

December 12, 2012
IL Staff
Indiana’s State Office of the GAL/CASA has been awarded a $40,000 grant from the National Court Appointed Special Advocate Association. The money will be used to support local programs that provide volunteer advocacy for abused and neglected children in Indiana.
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Settlement ends bitter battle over Mel Simon estate

December 12, 2012
Cory Schouten
A bitter battle over the $2 billion estate of the late shopping mall tycoon Melvin Simon has ended with a confidential settlement.
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Bankruptcy judge warns of impact of ‘fiscal cliff’

December 12, 2012
Jennifer Nelson
Chief Judge James K. Coachys in the U.S. Bankruptcy Court for the Southern District of Indiana sent a memo to the Indiana State Bar Association Wednesday explaining how budget cuts and the potential “fiscal cliff” have affected the court.
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Housing group sues Buckingham over apartment accessibility

December 11, 2012
Scott Olson
A not-for-profit fair housing group is suing Indianapolis-based Buckingham Cos., claiming the apartment developer has ignored government rules requiring accommodations for people with physical disabilities.
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Justices decline to take 12 cases

December 11, 2012
IL Staff
The Indiana Supreme Court accepted none of the 12 cases before it on transfer request last week.
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Court reverses felony convictions stemming from domestic incident

December 11, 2012
Jennifer Nelson
The state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery, the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.
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Judges reverse teen’s conspiracy to commit murder conviction

December 11, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.
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Justices deny Bisard’s blood evidence appeal

December 11, 2012
IL Staff
The Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.
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Company’s offer to replace driveway an enforceable agreement

December 10, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a small claims judgment in favor of a concrete company regarding whether the company had to follow through on replacing a driveway for a customer who was unhappy with the work a year later.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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