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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.
The Supreme Court struggled Wednesday over what to do about an $8.5 million class-action settlement involving Google and privacy concerns in which all the money went to lawyers and nonprofit groups, but nothing was paid to 129 million people who used Google to perform internet searches.
A jury has acquitted a northwestern Indiana man who authorities say stole two dogs that belonged to a woman he formerly dated and killed them. A jury on Wednesday cleared 24-year-old Anthony Priestas of two felony counts of killing a domestic animal.
After the Tennessee Commission of Higher Education rejected the transfer plans between Valparaiso Law School and Middle Tennessee State University, the northwest Indiana institution had no other options. Although the decision to close may not have surprised many, especially since the university had been upfront about the troubles the legal education program was having, it was still an emotional blow.
The Indiana Southern District Court’s newest member, Judge James R. Sweeney, will be ceremonially sworn into office next month. Sweeney’s investiture ceremony will be held at 2 p.m. on Friday, Nov. 16, at the Birch Bayh Federal Building and United States Courthouse in downtown Indianapolis.
The Indiana Court of Appeals affirmed an award of more than $250,000 to a man falsely accused of theft after finding that the man’s accuser was not entitled to summary judgment based on qualified privilege and that the award was not excessive.
A man convicted of a misdemeanor marijuana offense must face the prospect of revocation of his probation even though the state didn’t file a petition until after his term of probation expired.
Indiana Court of Appeals
Laperria Marie Brooks v. State of Indiana
18A-CR-759
Criminal. Reverses Laperria Marie Brooks’ conviction of Class A misdemeanor resisting law enforcement after a Marion Superior Court bench trial. Remands for the conviction to be vacated because the evidence to support it is insufficient. Brooks, who was also convicted of Class A misdemeanor trespass and Class B misdemeanor disorderly conduct, appealed only the resisting conviction.
Just about everybody cries at weddings, but a woman arrested while driving home from a marriage ceremony was unable to convince the Indiana Court of Appeals that the tears she shed “by the second” in the back of the police cruiser falsely elevated the concentration of alcohol in her breath.
A misdemeanor paraphernalia charge against a man found with a marijuana grinder in his car has been overturned after the Indiana Court of Appeals determined the grinder did not constitute “paraphernalia” under the applicable statute.
The Indiana Court of Appeals has upheld a trial court ruling setting aside a Lawrence County adoption, finding the child’s mother and grandfather committed fraud on the court by falsely claiming they did not know who the child’s biological father was in an effort to allow the grandfather to adopt the child.
A Kroger shopper upset by the store’s refusal to cash her check without ID became disorderly and refused to leave, but the evidence against her did not support her conviction of resisting law enforcement, the Indiana Court of Appeals ruled Wednesday.
A Fort Wayne Indiana man who police say told an officer he was possessed by demons and Adolf Hitler when he allegedly attacked his mother is facing a murder charge. Court records show the charge was added Tuesday against 34-year-old Jason Steiss, who last week was jailed on charges including aggravated battery.
A northern Indiana prosecutor says she will file murder and attempted murder charges against a 23-year-old man for a 2011 home invasion that left a Goshen College biology professor dead and his wife badly injured. Elkhart County Prosecutor Vicki Becker announced she will file the charges against Winston Earl Corbett, who was 16 at the time of the attack on 58-year-old James Miller and his wife, Linda.
Valparaiso Law School, founded in 1879, will be ceasing operations after a search for alternatives to remain open ended in disappointment. In an announcement Tuesday, Valparaiso University stated it will continue to teach-out the current law students in a timely manner and then cease operations.
Although they concede that more needs to be done, two Indiana law professors are applauding the recommendations on how to handle sexual harassment complaints made against the federal judiciary. Professors Charles Geyh and Jennifer Drobac, offered their comments as part of the public hearing to consider the proposed changes to the Code of Conduct for U.S. Judges and the Rules for Judicial-Conduct and Judicial-Disability Proceedings.
Recently, I had the pleasure of attending another excellent IndyBar CLE program on mediation. The topic was “The Alligator in the Room,” our reptilian brain, which is triggered when we are under stress, causing an emotional, rather than a logical, response.
At the IndyBar, we have hundreds of volunteers who serve our members, promote justice and enhance the legal profession on a daily basis and rarely get a thank you worthy of their efforts. IndyBar will seek to honor at least some of them on Nov. 13.
7th Circuit Court of Appeals
Rebecca Zander v. Samuel Orlich, Jr., et al.
17-2792
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Reverses summary judgment for former Lake County Sheriff John Buncich on Rebecca Zander’s respondeat superior claim, but affirms summary judgment for Buncich on Zander’s negligent hiring claim filed after she alleged Lake County Sheriff’s Deputy Samuel Orlich sexually assaulted her in her home. Finds that whether Orlich’s employment gave rise to the abuse of power in question is a question of fact for the jury. Also finds there was no evidence that Buncich should have known Orlich was likely to assault a member of the public. Remands for further proceedings.
IndyBar volunteers set up at both the John Boner Neighborhood Center and the Haughville branch of the Indianapolis Public Library to draft wills and advance directives for nearly 20 Indianapolis citizens at no cost.