Family of woman who had reaction to scan dye wins $29.5M
A jury in Orange City, Iowa, has awarded $29.5 million to the family of a northwest Iowa woman who died after she had an allergic reaction to a dye she was given for a medical scan.
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COA: Personal rep in estate case has no claim to survivor damages
After a man who filed a wrongful death suit for his wife died intestate and without heirs while the suit was pending, the Court of Appeals concluded the estate’s personal representative could not claim survivor damages.
Lack of inmate program recommendation no issue on appeal, COA rules
A man sentenced to six years in prison for battering his father lost his argument on appeal that the trial court failed to recommend him for participation in a substance abuse treatment program. Placement in such programs are left to the discretion of the Department of Correction, the court noted.
Porter, Madison, COA judges certified as senior judges
The Indiana Supreme Court has certified three new senior judges to serve in Indiana’s courts. Chief Justice Loretta Rush, acting as the chair of the Indiana Judicial Nominating Commission, approved Julia M. Jent, Stephen D. Clase and Michael P. Barnes as senior judges in three Thursday orders. Jent is the former judge of the Porter […]
Anti-abortion student group sues Ball State alleging discrimination
A pro-life student group at Ball State University is suing university officials alleging free speech and equal protection violations, claiming the university discriminated by declining to allocate student activity fees to group while giving fees to other student-run political organizations.
Michigan State president’s email disparaged lawyers, Nassar victim
Michigan State University’s interim president criticized lawyers who represent Larry Nassar’s sex assault victims and suggested that the first woman to go public with her accusations was probably getting a “kickback” from her attorney, according to emails.
Ligonier man charged in crash that killed 2 on buggy
A northern Indiana man has been charged with drunken driving after his car struck a horse-drawn buggy, killing a woman and her 15-year-old daughter.
Anderson police recommend no charges in hot car death
The Anderson Police Department is recommending no criminal charges in the death of a 3-year-old who was left in a hot car for more than two hours.
COA: Claims against employer, attorney made in bad faith
A man’s claims against a temporary employer and the employer’s attorney were properly dismissed, the Indiana Court of Appeals determined Wednesday, upholding a ruling in favor of the defendants.
Prison doctor must face inmate suit as judge seeks counsel
A prison doctor must face a lawsuit from an inmate who claims the physician didn’t follow a surgeon’s orders for pain medication and physical therapy after the inmate’s back surgery. The judge in the case also said he would solicit counsel to represent the inmate going forward.
Trump lawyer Cohen hunts for new lawyers in FBI probe
Michael Cohen, President Donald Trump’s personal lawyer, is searching for a new legal team to represent him in an FBI investigation of his business dealings.
Massa letter gives Holcomb 60 days to pick 3 Marion Superior judges
Indiana Gov. Eric Holcomb now has 60 days to select three new Marion County judges after the committee created to interview judicial candidates formally submitted its recommendation of nine finalists to fill three upcoming Superior Court vacancies.
Opinions — June 13, 2018
Indiana Court of Appeals
Brian K. Wynne v. Tyson Burris and Brian K. Alsip
41A04-1710-SC-2363
Small claims. Affirms claims brought by Brian Wynne against Tyson Burris and Burris’ attorney, Brian K. Alsip, were in bad faith. Finds trial court did not abuse its discretion by admitting evidence from recorded jail telephone calls made by Wynne. Finds evidence showed Wynne gave his girlfriend actual authority to act as his agent regarding settlement with Burris, and the trial court did not err in rejecting Wynne’s self-representation and negligence claims against Alsip.
Man charged with shooting Boone deputy seeks change of venue
A man charged with murder in the fatal shooting of a Boone County sheriff’s deputy wants his trial moved. Prosecutors are seeking the death penalty against Anthony Baumgardt, who is charged in the fatal shooting of deputy Jacob Pickett.
School accepts teacher’s resignation over transgender policy
A central Indiana school district has officially accepted the resignation of a teacher who disagreed with a policy compelling teachers to address transgender students by their preferred name rather than their birth name.
Federal judge approves AT&T-Time Warner merger
A federal judge in Washington approved the $85 billion mega-merger of AT&T and Time Warner on Tuesday, potentially ushering in a wave of media consolidation while shaping how much consumers pay for streaming TV and movies.
Opinions June 12, 2018
Indiana Court of Appeals
Matthew E. Koch v. State Department of Revenue (mem. dec.)
49A02-1708-MI-1767
Miscellaneous. Affirms the denial of Matthew Koch’s petition to compel production of a confidential public record from the Indiana Department of Revenue related to his late grandparents’ estate. Finds Koch failed to show his entitlement to the record.
Justices let ruling stand that reserves right to request misdemeanor juries to defendants
An Indiana Court of Appeals ruling that reserved the right to demand a jury trial in misdemeanor cases to defendants has been upheld after the Indiana Supreme Court declined to hear the state’s challenge to that ruling.
Marion Superior Judge Moores back in the saddle after horse riding accident
Marion Superior Judge Marilyn Moores is returning to the bench this month after temporarily stepping down to recover from a horse riding accident.
Crown Point couple charged with neglect after boy shoots self
A Crown Point couple has been charged with neglect after a young boy they were babysitting found a gun in a bedroom and fatally shot himself. Rachel Lynn Griffin, 24, and Brett A. Beatty, 29, were charged Tuesday in Lake Superior Court with neglect of a dependent resulting in death and neglect of a dependent related to the death of 4-year-old Eric Cole.