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.
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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.
COA upholds admission of evidence after warrantless car search
The Indiana Court of Appeals has upheld the admission of evidence found during the warrantless search of a convicted drug felon’s vehicle, finding the search did not violate the man’s state constitutional rights.
Passenger’s drug, gun convictions from traffic stop affirmed
A passenger convicted of drug and gun felonies after he briefly stepped out of a car when police pulled it over lost his appeal Thursday. The Indiana Court of Appeals affirmed Gregory Wayne Parks’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony dealing in marijuana and two counts of Level 6 felony possession of a controlled substance.
Appeals court rejects judge’s civil commitment as court business record
The Marion County probate judge’s method of opening new cases to approve all of the mental health civil commitment recommendations of magistrate judges and commissioners during a given period of time was rejected Thursday by the Indiana Court of Appeals.
Splenda maker settles trademark lawsuit against IHOP, Applebee’s franchisor
The Carmel-based maker of Splenda sweetener has settled a legal dispute with the franchisor of International House of Pancakes and Applebee’s, which it sued last year for trademark infringement.
Southern District proposes amended discipline rules
The U.S. District Court for the Southern District of Indiana is seeking public comment on a proposed amendment that would completely reframe its current discipline enforcement rules.
Ex-USA Gymnastics head charged with evidence tampering
Former USA Gymnastics president Steve Penny was arrested Wednesday after a Texas grand jury indicted him, alleging he tampered with evidence in the sexual assault investigation of now-imprisoned gymnastics doctor Larry Nassar.
Hoosier among 4 convicted in dogfighting operation
Four men, including one from Fort Wayne, have been convicted in Trenton, New Jersey, for their roles in an illegal multistate dogfighting operation.
Man gets 120 years for killing 2 women in Indianapolis
A Gary man has been sentenced to 120 years in prison after being convicted of shooting and killing two women whose bodies were discovered in a burning car in Indianapolis.