COA to hear arguments in Hendricks, Tippecanoe counties
The Indiana Court of Appeals will hear two oral arguments on the road this week when it travels to Hendricks and Tippecanoe counties on Monday and Thursday.
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Opinions Nov. 2, 2018
Indiana Supreme Court
In the Matter of Larry W. Rogers
64S00-1704-DI-251
Attorney discipline. Suspends Larry Rogers for 90 days, with the manner of his reinstatement conditional upon full restitution being made to a client who paid an unearned retainer of $8,000. Finds Rogers committed attorney misconduct by neglecting an appeal and then failing to refund the unearned fee.
Justices hear NIPSCO industrial users’ rate hike appeal
The Indiana Supreme Court heard oral argument Thursday morning on a utility rate increase case, hearing a northern Indiana utility industrial group’s appeal over whether a reversal of the Indiana Utility Regulatory Commission’s application of its own settlement orders conflicted with a prior settlement.
Indiana legislators push for school bus cameras after crash
Indiana legislators are pushing to add cameras on the outside of school buses after a driver ignored a stop arm and crashed into children crossing a road, killing three and critically injuring another.
New judges named in Allen, Monroe counties
An Allen County magistrate judge has been selected to fill one of two upcoming vacancies in the Allen County courts, and the successor has been chosen for a longtime jurist in Monroe County.
Southern District seeks comment on McKee reappointment
The U.S. District Court for the Southern District of Indiana is seeking comment on whether Magistrate Judge Craig M. McKee should be recommended for reappointment. The current term for McKee, who works in the Terre Haute Division, expires August 22, 2019.
State joins case against East Chicago sanctuary city ordinance
The State of Indiana has been granted leave to intervene in a Lake County lawsuit challenging an East Chicago city ordinance that allegedly violates Indiana’s law barring sanctuary cities.
Justices: Mineral-rich property transfers improper in trust case
A bitter dispute between stepsiblings — including a woman who was written out of her inheritance of mineral-rich property — has resulted in the Indiana Supreme Court ruling that a decades-old transfer of the land to her stepbrother was improper.
Valpo attorney suspended for failing to refund unperformed work
A Valparaiso attorney who neglected a client’s appeal and failed to refund a fee paid for his unperformed service has been suspended from the practice of law in Indiana for 90 days and cannot be reinstated until he pays full restitution.
Court reverses judgment for buyer in soured land-sale deal
A Marion Superior judge clearly erred in excluding a contract as evidence, then wrongly ruled for the defendant in a lawsuit arising from a home sale agreement she backed out of, the Indiana Court of Appeals determined Friday.
Opinions Nov. 1, 2018
7th Circuit Court of Appeals
United States of America v. Styles Taylor and Keon Thomas
17-2986, 17-3145
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Criminal. Affirms Styles Taylor and Keon Thomas’ life sentences. Finds the sentences are reasonable despite Taylor and Thomas’ difficult upbringings, and neither Taylor nor Thomas rebutted the presumption of reasonableness.
$1 million DOJ community grant awarded to Indy’s east side
The City of Indianapolis has received another grant from the Department of Justice aimed at reducing violent crime. Announced by Mayor Joe Hogsett and Indiana Southern District U.S. Attorney Josh Minkler on Wednesday, the Community Based Crime Reduction grant is designed to assist in efforts to eliminate gun violence and crime on Indianapolis’ east side.
Unemployment benefits upheld for man who resigned after threatened demotion
The Indiana Court of Appeals affirmed the grant of unemployment benefits to a man who voluntarily resigned from his job after being told he would be demoted, finding the man’s employer failed to provide evidence as to why it wanted to demote him.
Summary judgment for law firm in legal malpractice case reversed
The Indiana Court of Appeals has reversed and remanded summary judgment for an Indianapolis law firm in a legal malpractice case after finding a question of fact as to whether an auto company had a reasonable belief that its attorney was acting as an agent for the law firm.
Justices: Proven misuse a defense to product liability claims
The Indiana Supreme Court has upheld the grant of summary judgment to a tool manufacturer sued after a man lost his eye while using one of the manufacturer’s products, finding the man’s misuse of the tool in question was the cause of his injuries and was a complete defense to his product liability claim.
Two killers keep life sentences despite ‘horrific’ upbringings
Two men convicted for the 2000 murder of a 73-year-old man have once again lost their appeal to reverse their life sentences after the 7th Circuit Court of Appeals found the sentences were reasonable, despite the men’s unfortunate upbringings.
Southern District ruling makes declawing big cats illegal
A first-of-its-kind federal order has officially held that the process of declawing large exotic cats is illegal and in a violation of the Endangered Species Act and has prohibited a Charlestown veterinarian from providing any care to such exotic cats.
Bankruptcy court seeks comment on proposed rule changes
The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment concerning proposed changes to the court’s local rules. The proposed changes to Rule B-4004-2, now known as Discharge in Chapter 13 Cases, would make the rule applicable to both Chapter 12 and 13 cases.
Singapore chief justice urges legal educators to teach to changes in practice of law
Addressing a crowd of Indiana’s legal and judicial leaders at an Indiana law school on Tuesday, the chief justice of Singapore urged Indiana’s legal educators to keep the future in mind when training today’s law students to become tomorrow’s lawyers. Chief Justice Sundaresh Menon spoke to an audience at the Indiana University Robert H. McKinney School of Law during the school’s James P. White lecture.
Bankruptcy filings continue decline with 2.2 percent decrease in FY18
New bankruptcy cases filed for the year ending September 2018 have seen more than a 2 percent decrease from the year prior, the lowest for any 12-month period since June 2007. Bankruptcy filings fell by 2.2 percent for the year end Sept. 30, 2018 compared to the year ending Sept. 30, 2017.