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COA reverses default ruling against race horse veterinarian

October 1, 2018

The Indiana Court of Appeals reversed a decision that found a Hoosier racehorse veterinarian in default without a hearing in a disciplinary action against him by Indiana Horse Racing Commission.

Three finalists chosen for Allen County judgeship

October 1, 2018

A magistrate and two attorneys have been selected as finalists to succeed Allen Superior Judge Stanley A. Levine, who will retire in December.

Supreme Court amends financial contribution reporting rules

October 1, 2018

Indiana attorneys will soon be required to report an additional type of financial contribution to the Indiana Supreme Court. Under amended Rule of Professional Conduct 6.7(a)(3), Hoosier attorneys  will be required to report any monetary contributions made to an “IRC 501(c)(3) bar foundation in Indiana which provides financial support to a qualifying legal service organization or local pro bono district" starting Jan. 1. 

Judge pro tem appointed to replace Lake Superior Judge Villalpando

October 1, 2018

A judge pro tempore has been appointed to perform the duties of Lake Superior Court judge Jesse M. Villalpando, whose name was recently removed from the Nov. 6 general election ballot. A Friday order announced the Lake Superior Court judge will take leave from the bench beginning today and will remain on leave for the duration of his elected term, while attorney Stephen A. Tyler will serve in his place as judge pro tem. 

Supreme Court term starts in shadow of Kavanaugh

October 1, 2018

On Monday, the U.S. Supreme Court will begin its new term with the crack of the marshal’s gavel and not a camera in sight. The term’s start has been completely overshadowed by the tumult over Brett Kavanaugh’s nomination to the high court.

Donnelly won’t support Kavanaugh’s Supreme Court nomination

October 1, 2018

Democratic U.S. Sen. Joe Donnelly from Indiana says Brett Kavanaugh won’t get his vote for confirmation to the U.S. Supreme Court. Donnelly said Friday that sexual assault allegations against President Donald Trump’s nominee are “disturbing and credible.”

Corydon man arrested after taking pellet gun into Indiana school

October 1, 2018

Authorities say a southern Indiana man has been arrested after walking into a school with a pellet gun. Harrison County Prosecutor Otto Schalk said he’s charging 29-year-old Mike Leighty, Jr. of Corydon with felony intimidation and disorderly conduct following his arrest Friday at Corydon Elementary School.

Former Rochester school nurse gets probation for stealing medication

October 1, 2018

A former middle school nurse has been sentenced to probation for stealing students’ medication at the northern Indiana school. A Fulton County judge recently sentenced 35-year-old Ashley N. Beck to 180 days of probation.

Justice center move will bring changes to 2 neighborhoods

October 1, 2018

The $572 million Criminal Justice Center won’t open until 2022, at which time scores of city and county employees—working for the courts, public defender, prosecutor, sheriff and other agencies—will move from downtown’s Market East Cultural District 2 ½ miles east to the Twin Aire neighborhood. But city officials and businesses are already thinking about how both neighborhoods will be changed by the shift.

Opinions Sept. 28, 2018

September 28, 2018

Indiana Court of Appeals
International Business Machines Corporation v. State of Indiana, acting on behalf of the Indiana Family & Social Services Administration

49A02-1709-PL-2006
Civil plenary. Affirms and reverses in part the Marion Superior Court’s calculation of damages stemming from IBM Corp.’s material breach of a master services agreement with the State of Indiana. Finds the trial court did not err in its award of the state’s damages. Also finds IBM is entitled to post-judgment interest on its $49.5 million damages award. Remands for recalculation of the post-judgment interest.

COA affirms denial of summary judgment to dump truck manufacturer in timeliness dispute

September 28, 2018

A divided Indiana Court of Appeals affirmed the denial of summary judgment to a dump truck manufacturer who unsuccessfully argued that its customer filed an untimely complaint against the manufacturer and that genuine issues of material fact existed when causes of action accrued.

GOP advances Kavanaugh after Flake calls for FBI probe

September 28, 2018

After a flurry of last-minute negotiations, the Senate Judiciary Committee advanced Brett Kavanaugh’s nomination for the Supreme Court after agreeing to a late call from Republican Sen. Jeff Flake of Arizona for a one-week investigation into sexual assault allegations against the high court nominee.

COA orders equal division of ex’s retirement interest

September 28, 2018

The Dearborn Circuit Court erred when it awarded the entirety of a nearly $207,000 retirement account to a husband as part of divorce proceedings, the Indiana Court of Appeals ruled in a decision that remanded the case for equal distribution of the interest on the account.

Appellate court: Search warrant for house, garage included car

September 28, 2018

Drug evidence found in a vehicle in the garage of a home where police were looking for evidence of a prior assault should not have been suppressed, the Indiana Court of Appeals ruled in a reversal Friday.

COA upholds $78 million for state in IBM suit, awards IBM interest

September 28, 2018

The Indiana Court of Appeals has upheld a $78 million judgment in favor of the state and against IBM Corp. that was awarded as part of a long-running legal battle stemming from IBM’s breach of a contract to redesign the state’s welfare system in 2006. But the court also ordered the state to pay post-judgment interest to IBM on a $49.5 million damages award it previously received, overturning a lower court ruling on that issue.

Gun in fallen pants pocket after police confrontation admissible

September 28, 2018

A man whose 9-mm handgun was discovered after his loose-fitting pants fell while in custody after a police confrontation lost Friday his appeal in which he claimed the evidence should have been suppressed.

Supreme Court agrees to decide fate of Yorktown clerk-treasurer’s job

September 28, 2018

The Indiana Supreme Court has agreed to decide whether Yorktown can forcibly remove its clerk-treasurer from office, a decision the clerk-treasurer’s attorney told the justices could have implications beyond his client.

Troopers must face suit from black motorists stopped 2 hours

September 28, 2018

A lawsuit against Indiana State Police troopers accused of unreasonably questioning two black motorists for more than two hours on the side of an interstate will continue after a federal judge rejected the troopers’ qualified immunity claims.

Parents charged with neglect after baby’s meth-related death

September 28, 2018

Two southern Indiana parents are charged with neglect after authorities determined the July death of their 3-month-old son was due to methamphetamine ingestion. Indiana State Police say 32-year-old Deven G. Frisque and 28-year-old Tara L. Savage were arrested this week in the death of Eben Frisque.

Ex-Bunker Hill marshal pleads guilty to obstruction of justice

September 28, 2018

An ex-northern Indiana town marshal who authorities say provided false police credentials for an acquaintance so the person could be paid more while working as a security guard has pleaded guilty to obstruction of justice. Aaron Dague of Wabash entered the plea Thursday under a deal with prosecutors, was sentenced to one year of probation and can no longer work in law enforcement.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

Most Read
  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Indy woman to pay $1M in restitution after using boss’ accounts to pay personal expenses

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