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Reversal: Bonded projects not ‘completed’ under language of agreement

October 26, 2018

The Indiana Court of Appeals reversed and remanded the grant of summary judgment in favor of an investment firm after it found that a series of bonded projects were not completed within the scope of the meaning of “completion” as set forth by an agreement between the litigants.

COA: Property purchaser not 3rd party beneficiary in tax sale contracts

October 26, 2018

The Indiana Court of Appeals affirmed summary judgment to a government tax sale organizer after finding a real estate purchaser was not a third-party beneficiary of contracts made between the organizer and the county.

Supreme Court accepts resignation, imposes suspension

October 26, 2018

The Indiana Supreme Court has accepted the resignation of a Hoosier attorney who faced multiple felony drunken-driving counts. Justices also ordered reciprocal discipline for another lawyer who was removed from the practice of law by the Seventh Circuit Court of Appeals.

Jury award of $21M in drunk driving crash upheld

October 26, 2018

A Marion County jury’s award of more than $21 million to a passenger rendered paraplegic when an intoxicated friend crashed his truck after a night of drinking was upheld Friday by the Indiana Court of Appeals. 

Suit against Hill could cost taxpayers; accusers to name state

October 26, 2018

The Indiana Attorney General’s Office is now in the process of investigating a complaint filed against it, the state and Attorney General Curtis Hill after four women who publicly accused Hill of groping them at a party filed official notice of a civil lawsuit. If the women succeed on their claims against state defendants, taxpayers could be on the hook to pay any judgments.

Man accused in attack on mother told police he was possessed

October 26, 2018

Police say a northeastern Indiana a man told an officer that he was possessed by demons and Adolf Hitler when he allegedly bit, hit, punched and choked his mother.

Bosma: GOP lawmaker home, recovering after crash

October 26, 2018

Indiana’s House speaker says a top-ranking Republican lawmaker is recovering at home more than a month after a serious motorcycle accident in Michigan. Speaker Brian Bosma said in a statement Thursday that House Ways and Means Chairman Tim Brown is in therapy and continues to improve.

Court of Appeals heads southeast to hear arguments

October 26, 2018

The Indiana Court of Appeals will head southeast next week to hear two oral arguments, starting with a wrongful death case.

Opinions Oct. 25, 2018

October 25, 2018

Indiana Supreme Court
Akeem Daniels, Cameron Stingily, and Nicholas Stoner v. FanDuel, Inc. and DraftKings, Inc.

18S-CQ-134
Certified question. Finds Indiana’s right of publicity statute contains an exception for material with newsworthy value that includes online fantasy sports operators’ use of college players’ names, pictures, and statistics for online fantasy contests.

Appeal heard in fatal trucking product liability case

October 25, 2018

The Indiana Supreme Court heard oral argument Thursday morning on a product liability case, hearing a national motor company’s appeal in a matter involving a worker’s death that includes defective design claims.

Siblings’ trust agreement enforced in probate splits COA

October 25, 2018

The termination and division of a multi-generational trust containing more than 422 acres of land was affirmed Thursday by the Indiana Court of Appeals, which split on the question of whether a probate court could adjudicate a separate agreement between two heirs.

Justices hear challenge to civil forfeiture disbursements

October 25, 2018

Contrary readings of Article 8, Section 2 of the Indiana Constitution and its implication on Indiana’s civil forfeiture statute were at issue Thursday when the Indiana Supreme Court heard oral arguments in a case brought by the Virginia-based Institute for Justice.

Justices: Fantasy sports excepted from right of publicity

October 25, 2018

The Indiana Supreme Court answered a certified question posed by the 7th Circuit Court of Appeals on how Indiana’s right-to-publicity statute affects the fantasy sports industry, finding sites such as DraftKings and FanDuel are shielded by an exception for material with newsworthy value.

Fired, arrested Walmart worker loses appeal

October 25, 2018

The Indiana Court of Appeals affirmed the grant of summary judgment for Walmart when it found a former employee at its Greencastle store who was fired and arrested for theft after buying deeply discounted tires could not support his claims against the retail giant.

Guilty verdicts set precedent in fighting shady basketball recruiting

October 25, 2018

A federal jury found three men guilty of fraud charges for channeling secret payments to the families of top-tier basketball recruits to influence their choices of schools, apparel companies and agents.

Trump signs bill streamlining hydropower plant permits

October 25, 2018

President Donald Trump has signed into law a bill from a Virginia congressman that streamlines the permitting process for certain hydropower plants, including a kind Dominion Energy is considering building.

Reversal: Meth evidence in arrestee’s backpack to be admitted

October 25, 2018

A trial court erred in suppressing evidence of methamphetamine found in a northern Indiana man’s backpack after he was arrested on an outstanding warrant, the Indiana Court of Appeals ruled Thursday.

Judge strikes brief for exceeding word count

October 24, 2018

A man who did not understand how to properly figure the word count in his appellant brief was ordered to rewrite it and explain why he should not be penalized for falsely representing that his original brief complied with the word limits.

Opinions Oct. 24, 2018

October 24, 2018

7th Circuit Court of Appeals 
Jay Vermillion v. Corizon Health, Inc., Paul Talbot, and Ruby Beeny 

18-1517
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane E. Magnus-Stinson.
Civil. Affirms the striking of Jay Vermillion’s brief for exceeding the acceptable word count and discharges Vermillion’s order to show cause requesting his appellant brief be reinstated on the grounds that it complies with the word count requirement under Rule 32(f). Finds the “Properties” panel in Microsoft Word is not designed to count all words in a document. Also finds citations are not justifiably excluded from the word count simply because Rule 32(f) does not mention them. Finally, finds Vermillion misunderstood both Rule 32(f) and the right place to start counting in Microsoft Word. 

Woman who said boyfriend killed self now charged with murder

October 24, 2018

A Merrillville woman who told police she “watched the love of her life commit suicide” now faces a murder charge alleging that she killed her boyfriend and staged his death as a suicide.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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