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DTCI: Medical Malpractice Vs. Ordinary Negligence

Indiana courts have developed a workable test, but one that makes it difficult in some instances to predict whether certain acts constitute ordinary negligence or medical malpractice.

Lawsuits charge Rainbow Realty’s rent-to-buy contracts target the most vulnerable

A case before the Indiana Court of Appeals is at least the third pending suit involving Rainbow Realty and its rent-to-buy program. The Indiana Attorney General filed a complaint in Marion Superior Court in January 2013, and the Fair Housing Center of Central Indiana filed a class action in the U.S. District Court for the Southern District of Indiana in May 2017.

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Company ordered to pay $31.9M to SEC for biofuel fraud

Evansville-based Imperial Petroleum Inc. has been ordered to pay nearly $32 million to the Securities and Exchange Commission after it failed to reply to the SEC’s court filings seeking damages in a biofuels fraud case that resulted in prison time for the former company president.

Florida move allows Hoosier to escape Wisconsin judgment

A former Hoosier who moved to Florida will get to keep his money after the Indiana Court of Appeals found an order from a Wisconsin state court was void because the Badger State judicial system did not have personal jurisdiction.

Opinions Sept. 17, 2018

Indiana Court of Appeals
Timothy C. Troxel v. Dale Ward, successor in interest to original Plaintiff, Plan Administrators, Inc.
18A-PL-597
Civil plenary. Reverses the LaPorte Circuit Court’s denial of Timothy Troxel’s Trial Rule 60(B) motion to set aside the sale of his stock in an Indiana corporation to satisfy default judgment against him by a Wisconsin corporation. Finds because Troxel was not properly served with notice of the Wisconsin lawsuit, the Wisconsin court did not have personal jurisdiction over him. Therefore, the Wisconsin judgment and any Indiana orders based upon it are void.

Justices to hear semi worker wrongful death case

The Indiana Supreme Court granted transfer to two cases last week, including a decision that found a semi-tractor component manufacturer liable for the death of a construction worker.

Evansville attorney disciplined for lack of diligence

The Indiana Supreme Court privately reprimanded an Evansville attorney Friday after he failed to act with reasonable diligence and promptness in communicating with clients whose homestead was burned in an act of vandalism that appeared to be racially motivated.

Manafort plea deal raises question: What does he know?

Former Trump campaign manager Paul Manafort’s leadership of the campaign at a time when prosecutors say Russian intelligence was working to sway the election, and his involvement in episodes under scrutiny, may make him an especially insightful witness for special counsel Robert Mueller.

Kavanaugh sexual misconduct allegation complicates confirmation

President Donald Trump’s nomination of Brett Kavanaugh to the Supreme Court was thrust into turmoil Sunday after the woman accusing him of high school-era sexual misconduct told her story publicly for the first time. Democrats immediately called for a delay in a key committee vote set for this later week and Kavanaugh on Monday went to the White House amid the scrutiny.

COA: State has no burden to prove sanity

A man who unsuccessfully pursued an insanity defense failed to convince the Indiana Court of Appeals that the state had the burden of proving he was sane beyond a reasonable doubt in his attempted murder case.

7th Circuit reinstates Renssalaer workers’ “popcorn lung” claim

The 7th Circuit Court of Appeals reinstated a claim filed by nearly 30 workers who argue a microwave popcorn plant failed to warn them of exposure during the manufacturing process to a butter flavor ingredient that has been linked to a disease known as “popcorn lung.”

Northern District finalizes memorial service for Lozano

A memorial service is set for Monday, Sept. 24, in the Hammond courtroom where the late Northern District of Indiana Senior Judge Rodolfo “Rudy” Lozano presided for three decades, the court announced Friday.

Opinions Sept. 14, 2018

The following 7th Circuit Court opinion was posted after Indiana lawyer deadline Thursday.
Gregory Aregood, Jr. v. Givaudan Flavors Corporation
17-3390
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms and reverses in part, remands for proceedings. Affirms the District Court for the Southern District of Indiana’s grant of summary judgment to Givaudan Flavors Corp. on its employees’ claims, except for failure to warn. Reverses the grant of summary judgment on the employees’ duty to warn claim based on the sophisticated intermediary doctrine. Remands for proceedings on the duty to warn claim.