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.
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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.
Indiana mom pleads not guilty in daughter’s fatal shooting
A northwestern Indiana woman has pleaded not guilty to neglect charges stemming from her 2-year-old daughter’s shooting death.
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.
Indianapolis police chief says body cameras a top goal
The chief of police in Indianapolis says getting body cameras for his officers is a top goal.
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.
Pocket Constitutions given away in Indianapolis
In honor of Constitution Day, 13 Indianapolis organizations distributed 1,000 pocket-sized U.S. Constitutions to the public Monday on Monument Circle.
Plan would ban sitting, lying on downtown Indy streets, sidewalks
A proposal that would make it illegal to sit or lie on the ground during most of the day in downtown Indianapolis will be introduced this month to the Indianapolis City-County Council by local Republicans.
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.
Oakland City man acquitted in motel manager’s death
A southwestern Indiana jury has acquitted of murder a 21-year-old man whose attorney argued self-defense in the shooting death of a motel co-manager.
Death penalty dropped for man’s third triple-murder trial
A northern Indiana man who’s facing his third trial in a triple-murder case won’t face the death penalty if he’s convicted again in the killings. Wayne Kubsch is expected to stand trial again next year for the 1998 Mishawaka slaying of his wife, her ex-husband and their son.
Manafort pleads guilty, will cooperate with special counsel
Former Trump campaign chairman Paul Manafort agreed Friday to cooperate with the special counsel’s Russia investigation as he pleaded guilty to federal charges and avoided a second trial that could have exposed him to even greater punishment.
COA: South Bend med-mal appeal lacks issues of fact
The Indiana Court of Appeals affirmed a grant of summary judgment to a South Bend hospital after it upheld that res ipsa loquitur did not apply to facts in a hip-replacement related negligence claim.
Ineffective counsel arguments in OWI appeal lack cogent reasoning
A man’s arguments on appeal from his drunken-driving conviction that he had ineffective assistance of counsel were rejected in substance and form by the Indiana Court of Appeals on Friday.
Juvenile waived to adult court in Indy doctor’s slaying
A juvenile has been waived to adult court to face charges in the fatal shooting of an Indiana University doctor and educator last year.
Inmate who confessed sentenced to 63 years in 2008 slaying
A prison inmate who confessed in 2017 to a slaying years earlier in eastern Indiana has been sentenced to 63 years in prison.
Opinions Sept. 13, 2018
Indiana Supreme Court
Jennifer Cox v. Evansville Police Department and The City of Evansville; Babi Beyer v. The City of Fort Wayne
18S-CT-447
Civil tort. Affirms denial of summary judgment to Evansville and Fort Wayne on a claim of respondeat superior. Finds that when a police officer’s tortious acts — in this case sexual assault — fall within the scope of employment, the city is liable. Also affirms the trial courts’ grants of summary judgment to the cities on common-carrier theory. Finds the relationships between the cities and the women in these cases do not fall within the common-carrier exception.