Justices deny transfer in 23 cases, splitting on 3
The Indiana Supreme Court denied 23 transfer requests last week, splitting on three of those cases.
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In 9-0 ruling, SCOTUS rejects Indiana excessive civil forfeiture
The Eighth Amendment’s protection against excessive fines has been incorporated to the states via the 14th Amendment, the Supreme Court of the United States has unanimously ruled in deciding an Indiana civil forfeiture case that posed the question.
Lawsuit: Elkhart shares responsibility for crash that killed 3
A lawsuit says the northern Indiana city of Elkhart shares responsibility for a crash that killed two children and a man who were walking along a sidewalk.
Man accused in 4 killings loses fight to avoid death penalty
A northeastern Indiana judge has rejected efforts by a man awaiting trial in four slayings to avoid a possible death penalty in the case.
Senate Republicans strip hate crimes bill of victim categories
The Republican-majority Senate stripped a hate crimes bill Tuesday of language that specified the types of crimes it would apply to — those motivated by race, religion, sexual orientation, gender and other categories — despite emotional pleas by Democrats to leave the bill as written.
Indiana’s abortion cert petition relisted for 5th time
The petition asking the U.S. Supreme Court to uphold a law restricting abortions in Indiana has been distributed for a fifth conference with the justices. Now the petition has been scheduled for consideration Feb. 22.
Opinions Feb. 19, 2019
Indiana Court of Appeals
Darlene Perkins v. Kathy Fillio
18A-PL-2278
Civil plenary. Reverses and remands the Washington Circuit Court’s entry of summary judgment in favor of Kathy Fillio and against Darlene Perkins. Finds the trial court erred in granting summary judgment in favor of Fillio on Perkins’s premises liability claim due to the existence of genuine issues of material fact. Also finds Perkins did not designate evidence sufficient to generate a genuine issue of material fact as to negligent entrustment or negligent supervision, nor did she preserve her claim of vicarious liability for appellate review.
Indiana agrees to provide Hepatitis C drugs to more Medicaid recipients
An agreement reached in federal court in February will allow Indiana Medicaid recipients infected with Hepatitis C to receive direct-acting antiviral medications, or DAAs, sooner rather than having to wait until the disease has significantly damaged their livers.
COA upholds Vectren energy efficiency plan that allows nearly $55M in lost revenue recovery
An energy efficiency plan that allows Vectren to recover nearly $55 million in lost revenue was not erroneously approved by the Indiana Utility Regulatory Commission, the Indiana Court of Appeals ruled Tuesday.
Giordano: Additional insured coverage — Get what you’re bargaining for
Many contracts require one party to name the other as an “additional insured,” but too often without specifying the scope of coverage required. This is problematic because coverage for additional insureds comes varied, and the parties may have different ideas of what coverage the contract requires.
Kozak: What you don’t know shouldn’t hurt your coverage rights
As more insurers write known-injury exclusions into their policies, customers in Indiana need to know what their rights are. Out-of-state cases provide helpful guidance, but they are no substitute for an authoritative ruling by the Indiana courts.
Unpredictable storms: Attorneys link climate change to insurance policy changes
Indiana is having more headaches with water, as evidenced by multiple severe floods in recent years. Purdue climate researchers report that by the mid-century, Hoosiers could see about 6 percent to 8 percent more rainfall than the state averaged from 1971 to 2000. And that could leave many Hoosiers scrambling for adequate insurance.
Appellate court: Termination of father’s parental rights not erroneous
A Marion County father has lost his appeal of the termination of his parental rights after the Indiana Court of Appeals determined the termination was not clearly erroneous.
Headbutting ram’s owner must face premises liability claim, COA rules
A woman who was headbutted by a ram while tending to another woman's animals can continue to pursue her premises liability claim against the ram’s owner, the Indiana Court of Appeals has ruled.
Judge allows ‘extremely narrow’ failure to accommodate claim to proceed against IPS
A disability discrimination claim brought against Indianapolis Public Schools by a former bus attendant who says the school district failed to accommodate her medical conditions will continue on “extremely narrow” grounds, a federal judge has ruled.
SCOTUS rejects appeal of Lake Michigan public access case
The Supreme Court of the United States will not hear an appeal that sought to restrict public access to the Indiana shore of Lake Michigan. Justices let stand an Indiana Supreme Court decision that found a public access right to the state’s 45 miles of Great Lakes beaches.
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