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Court of Appeals again reverses, finds for New York lender

February 28, 2018

In a second dispute involving an Indiana business, a New York company, stopped payments and cognovit notes, the Indiana Court of Appeals has again reversed and found in favor of EBF Partners.

Jury awards $1.9 million in case rising from Menard-Hilbert fight

February 28, 2018

The latest development in a longstanding legal battle between two business titans has resulted in a $1.9 million verdict against the leaders of the national hardware store chain Menard, Inc.

Court finds man with multiple addresses still lived at home

February 28, 2018

The Indiana Court of Appeals affirmed summary judgment in favor of the estate of a man who died in South Bend, lived and worked in Chicago, but considered his principal residence to be his parents’ home.

COA reinstates default judgment against Decatur Co. landlords

February 28, 2018

The Decatur Superior Court must reinstate a default judgment against a local apartment complex and its property manager after the Indiana Court of Appeals found there was no excusable neglect that would justify setting aside the default.

Insufficient evidence leads to firearm conviction reversal

February 28, 2018

A man’s conviction of possession of a firearm as a serious violent felon was reversed Wednesday by a divided Indiana Court of Appeals, which found his signature on an underlying robbery plea agreement had not been authenticated.

COA: State Fair board did not chill china painter’s free speech

February 28, 2018

The Indiana Court of Appeals gave a cold reception to a painter’s argument that the Indiana State Fair Board’s power to ban her from art competitions at the annual state fair “chilled” her right to free speech.

COA limits credit restrictions for some child molesters

February 28, 2018

The Indiana Court of Appeals ruled Wednesday that defendants who plead guilty to lower-level felony counts of child molesting are not subject to good-time credit restrictions, even if they do not dispute allegations of molestation that would subject them to loss of credit time.

Sentence for ‘recidivist drunk driver’ affirmed

February 28, 2018

A southern Indiana man’s five-and-a-half-year sentence for his conviction as a habitual vehicular substance offender was affirmed by the Indiana Court of Appeals, which called him “a recidivist drunk driver whose behavior has been undeterred by his prior contacts with the criminal justice system.”

Judge’s revocation of plea deal, longer sentence affirmed

February 28, 2018

A man convicted of negligence resulting in the death of this 3-month-old son lost his appeal Wednesday, failing to show that a judge erred in revoking his plea agreement before sentencing, which led to a longer sentence when he was convicted after a trial.

Officer’s slip in same mud as fleeing suspect sufficient for felony

February 28, 2018

A man fleeing an arresting officer slipped in mud that also caused the pursuing policeman to slip and injure himself — evidence the Indiana Court of Appeals found sufficient to support the man’s conviction of felony resisting law enforcement.

Fort Wayne attorney suspended for unethical client recruitment

February 28, 2018

A Fort Wayne attorney previously disciplined for deceptive marketing practices has been suspended from the practice of law for nine months after he engaged in another unethical scheme to garner more clients.

Bill spurred by Nassar scandal concerns Catholic Church

February 28, 2018

A Michigan bill inspired by the Larry Nassar scandal that would retroactively extend the amount of time child victims of sexual abuse have to sue their abusers is drawing concerns from the Catholic Church, which has paid out billions of dollars to settle U.S. clergy abuse cases.

Michigan man gets probation in crash that killed Granger couple

February 28, 2018

A Michigan man who caused a crash that killed a northern Indiana couple has been sentenced to one year of probation.

State reaches settlement with Takata over defective airbags

February 28, 2018

Indiana Attorney General Curtis Hill announced a settlement Tuesday with TK Holdings Inc. — the U.S. subsidiary of Takata — over allegations that the company concealed deadly safety issues related to airbag systems installed in a wide variety of vehicles.

Delaware County to turn former middle school into new jail

February 28, 2018

County officials in east central Indiana have agreed to buy and repurpose a former middle school for a new jail.

Committee chairman kills divisive payday lending bill

February 28, 2018

The chairman on an Indiana Senate committee has killed a payday lending bill that was widely opposed by veterans’ advocates and faith groups — including the Indiana House Speaker’s own church — who said that it would have legalized lending at rates of up to 222 percent.

Opinions Feb. 27, 2018

February 27, 2018

Indiana Court of Appeals
Craig D. Severance and Catherine Severance v. The Pleasant View Homeowners Association, Inc.

29A02-1708-PL-1695
Civil plenary. Reverses the denial of Craig and Catherine Severance’s request for damages and the denial of the Pleasant View Homeowners Association, Inc.’s request for a permanent injunction against the Severances. Finds the Hamilton Superior Court’s judgment contained erroneous findings and conclusions that limited the issues available for its consideration. Remands for further proceedings.

Indiana joins new effort to end Obamacare

February 27, 2018

Indiana has joined a 20-state coalition in a renewed attempt to overturn the Affordable Care Act, arguing the changes to the individual mandate brought by the 2017 tax reform render the entire healthcare law unconstitutional.

Hill asks full 7th Circuit to reinstate death penalty for Baer

February 27, 2018

Indiana Attorney General Curtis Hill has asked the 7th Circuit Court of Appeals to reinstate the death penalty for an Indiana man convicted of the “heinous” murders of a Madison County mother and her 4-year-old daughter after a 7th Circuit panel overturned the man’s death penalty sentence last month.

Judgment for lender in student loan case reversed

February 27, 2018

A Warrick County man won his appeal in a student loan dispute after the Indiana Court of Appeals determined the alleged holder of his son’s student loan failed to prove it was entitled to an $18,000 summary judgment ruling.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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