COA heading northwest, southwest for oral arguments
The Indiana Court of Appeals will head northwest to start off a full week of oral arguments in Newton and Tippecanoe counties, ending its trip down south in Daviess and Gibson counties.
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Asian Pacific American Bar Association celebrates growth
Five years ago, the organization now known as the Asian Pacific American Bar Association of Indiana was just an idea in the minds of 11 Asian-Pacific American attorneys in the Indianapolis area. Today, the group has grown to an organization of 50 members and has earned the support of the roughly 150 attorneys who attended APABA-IN’s second annual dinner Thursday.
Manafort to be sentenced in February; appears in wheelchair
A judge has set a February sentencing date for Paul Manafort, who appeared in court Friday for a post-trial hearing in a wheelchair and green jail jumpsuit. The hearing in federal court in Alexandria was largely procedural but provided the first glimpse of the former Trump campaign chairman since he began cooperating with prosecutors in special counsel Robert Mueller’s office.
Russian woman charged in first 2018 election meddling case
The U.S. accused a Russian woman on Friday of helping oversee the finances of a sweeping, secretive effort to sway American public opinion through social media in the first federal case alleging foreign interference in the 2018 midterm elections. The criminal complaint against Elena Alekseevna Khusyaynova alleges Russians are using some of the same techniques to influence U.S. politics as they relied on ahead of the 2016 presidential election.
Gary man accused of harboring double-shooting suspect
A Gary man is accused of harboring a suspect in a gang-related shooting that wounded a man and his 9-year-old son outside a store. Prosecutors allege Tyrone L. Jackson, Jr., allowed Alex C. Hughes to hide in his Gary house for more than a week, despite knowing Hughes was wanted for his role in the Sept. 30 shooting.
Revived Madison Co. needle exchange program has positive results
A central Indiana county’s revived needle exchange program has collected nearly twice as many used needles as the number of clean needles it’s distributed, according to the behavior health system running the program.
Opinions Oct. 19, 2018
The following 7th Circuit opinion was post after IL deadline on Thursday.
Mario Sims v. New Penn Financial LLC
18-1710
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Magistrate Judge Michael G. Gotsch, Sr.
Civil. Affirms the Northern District’s award of summary judgment to loan servicer Shellpoint following its prohibition of Mario and Tiffany Sims’ attempts to assume a loan on their home’s mortgage. Finds the Simses produced insufficient evidence to prove they were racially discriminated against by Shellpoint, and presented evidence was too speculative to establish a dispute of material fact.
LSC forum emphasizes benefits of working together
Taking a break Friday morning from its multi-day meeting in Indianapolis, Legal Services Corporation held a series of public discussions showcasing how collaboration can amplify the impact of legal aid.
Lawyer Cuban shares testimony of life after addiction
Lying down, surrounded by empty wine bottles and dozens of strewn Xanax, Brian Cuban opened his eyes and had no idea where he was. It was then he realized he had a problem.
COA: Lawyer’s $3.4M fee wrongly applied in child support
A trial court miscalculated the impact of a Merrillville lawyer’s $3.4 million legal fee in a personal injury case on his child support obligation, the Indiana Court of Appeals ruled Friday.
Med-mal judgment for insurers against hospital reversed
The Indiana Court of Appeals reversed the grant of summary judgment for two insurance companies when it found they were estopped from denying the applicability of the Indiana Medical Malpractice Act to their claims.
COA sends houseboat dispute to arbitration
A dispute between the purchasers and supplier of a Daviess County houseboat must go to arbitration after an Indiana appellate panel determined a trial court ruling did not overrule an arbitration clause signed by both parties.
Judgment for lender upheld in race discrimination suit
The 7th Circuit Court of Appeals affirmed summary judgment for a lender after it found an African-American couple failed to prove they were denied a loan based on racial discrimination under the Equal Credit Opportunity Act.
Judge: Insurer has no duty to defend false sex assault claim
A federal judge has ruled an insurer does not owe a duty to defend a female student who made a false accusation of sexual assault against a Butler University student who subsequently sued the university and his accuser
Southern District e-filing changes proposed
The U.S. District Court for the Southern District of Indiana is seeking public feedback on proposed changes that would align e-filing rules to be more consistent with Federal Rules of Civil Practice.
After long medical marijuana hearing, lawmakers make no recommendation
Legislators halted any progress of legalizing medical marijuana in Indiana on Thursday after a study committee failed to agree on how to move the issue forward.
Opinions Oct. 18, 2018
Indiana Supreme Court
In the Matter of Edward R. Hall
98S00-1703-DI-152
Attorney discipline. Disbars Florida attorney Edward R. Hall from the practice of law in Indiana. Finds Hall committed attorney misconduct by disobeying a subpoena and causing another witness to do the same, neglecting clients’ cases and engaging in a pattern of dishonesty, among other things.
Access to justice forum, pro bono awards on LSC agenda
The Legal Services Corporation Board of Governors is arriving in Indianapolis on Thursday for its quarterly meeting, marking the first time the board has met in the Circle City in years.
Florida-based attorney disbarred for 12 rule violations
A Florida-based attorney who was found to have violated a dozen of Indiana’s professional conduct rules has lost his Indiana law license, effective immediately. The Indiana Supreme Court found the lawyer’s dishonesty and neglect of cases had harmed clients and placed himself and others in legal peril.
Judgment affirmed for insurer uninformed of claims
A divided Indiana Court of Appeals affirmed the grant of summary judgment to an insurance company after a client waited more than a decade to notify it had made payments in several suits brought against it.