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Supreme Court amends hearsay exception rule

The Indiana Supreme Court has amended Indiana’s rules regarding the admission of hearsay evidence, changing language in the rule governing then-existing mental, emotional or physical condition.

Deadline today for Leadership in Law nominations

Today is the deadline to submit nominations to honor Hoosier attorneys with the 2019 Indiana Lawyer Leadership in Law Awards. Each year, Indiana Lawyer selects 15 Distinguished Barristers and 15 Up and Coming Lawyers from attorneys nominated by their peers.

Lynch featured speaker at annual Diversity Dinner

Marion Circuit Judge Sheryl Lynch will be the keynote speaker at an upcoming annual event celebrating diversity and sponsored by multicultural student organizations from Indiana University Robert H. McKinney School of Law. The 7th Annual Diversity Dinner will take place at 5 p.m. Friday, March 1, at the Columbia Club with the theme “Peaceful Progression, Without Division.”

Opinions Jan 24, 2019

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Q.D.-A., Inc. v. Indiana Department of Workforce Development
19S-EX-43
Agency action. Reverses the finding that Q.D.-A. should have classified its driver as an employee, not an independent contractor. Finds the liability administrative law judge unreasonably concluded the driver was Q.D.-A.’s employee under the Unemployment Compensation Act when the driver was not under Q.D.-A.’s control or direction, performed a service outside Q.D.-A.’s usually course of business and ran an independently established business. Justice Geoffrey Slaughter concurs in result without separate opinion.

COA: Hardware store had no duty to shocked customer

A Crawfordsville hardware store that rented an aerial lift to a man who ultimately used it too close to some power lines did not have any duty to provide additional warnings, the Indiana Court of Appeals has ruled.

Justices: Drive-away driver properly classified as contractor

A “middleman” business that matches drivers with customers needing drive-away services properly classified one of its drivers as an independent contractor instead of an employee, the Indiana Supreme Court ruled in an opinion meant to resolve a conflict between two lower court rulings.

Son’s convictions for murdering parents upheld

A Lake County man convicted of murdering his parents failed to convince the Indiana Court of Appeals that a search of his family’s home was unconstitutional, thus allowing his murder convictions to stand.

Indiana federal courts work as funds dwindle amid shutdown

In the Southern and Northern Indiana district courts, no workers have been furloughed and no pay periods have been skipped, but with the federal judiciary estimating it has funding only to sustain current levels of operations through the end of January, Hoosier jurisdictions are preparing for potential changes.

Ambiguous weight limit statute leads to infraction reversal

The ambiguity of a state statute means a man performing farm drainage work in Henry County did not commit an infraction by driving his heavy equipment on a state highway, the Indiana Court of Appeals has ruled. However, the court noted its ruling was limited specifically to the facts of the instant case and was not an opinion on how the ambiguity might affect other circumstances.

Split COA relieves defendant from default despite inexcusable neglect

The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.

Opinions Jan. 23, 2019

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Charlotte Robinson and Bobby Don Bowersock as co-personal representatives of the Estate of Georgia J. Bowersock, deceased, and Mark Bowersock, individually v. Davol Inc. and C.R. Bard, Inc.
17-2068
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the grant of summary judgment to Davol Inc. and C.R. Bard, Inc. on a claim brought by the estate of Georgia Bowersock, who died after a Bard-manufactured surgical mesh patch was implanted in her body. Finds the novel theory of causation presented by the estate’s expert was not peer-reviewed, professionally presented, consistent with Bowersock’s medical records or autopsy or substantiated by other cases. Also finds the judge did not abuse his discretion in excluding the expert testimony.

Divided 7th Circuit: Business owner may seek discharge of back pay debt

A divided panel of the 7th Circuit Court of Appeals has allowed an Indiana business owner to seek to discharge back pay debt in bankruptcy proceedings, rejecting the National Labor Relations Board’s argument that the debt was not dischargeable because the employees to whom the back pay was owed were “maliciously” fired.

COA reinstates Hammond zoning suit against landlord

The city of Hammond may proceed with an ordinance violation act against a local landlord after the Indiana Court of Appeals rejected a trial court’s finding that it lacked subject matter jurisdiction to hear the case in a trial de novo.

COA: Expungement petitioners can’t cross-examine victims

Expungement petitioners do not have the right to cross-examine the victims of their crimes who submit victim impact statements, the Indiana Court of Appeals ruled in a Tuesday decision upholding the denial of a Marion County expungement petition.