Indiana justices accept another NIPSCO case
The Indiana Supreme Court has accepted transfer of another dispute over utility rates where the Northern Indiana Public Service Co. is a defendant.
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Opinions Oct. 1, 2018
Indiana Court of Appeals
Joseph Baliga, DVM v. Indiana Horse Racing Commission, Indiana Horse Racing Commission Staff
17A-MI-3009
Miscellaneous. Reverses the Madison Circuit Court’s dismissal of veterinarian Joseph Baliga’s petition for judicial review after the Indiana Horse Racing Commission found him in default for allegedly giving a banned substance to a racehorse. Finds the IHRC and administrative law judge abused their discretion by finding Baliga in default. Directs the trial court to grant the petition and to remand the matter to the IHRC for a hearing on the merits.
COA reverses default ruling against race horse veterinarian
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.