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Opinions Nov. 20, 2017

November 20, 2017

Indiana Court of Appeals

Allan Highwood v. State of Indiana (mem. dec.)
49A02-1705-CR-1083
Criminal. Affirms Allan Highwood’s conviction for battery by means of a deadly weapon as a Level 5 felony. Finds evidence of probative value was presented from which the trial court as the trier of fact could find beyond a reasonable doubt that Highwood committed the offense of battery by means of a deadly weapon.

Attorneys choose Vinovich to serve on JNC, JQC

November 20, 2017

Highland attorney and one-time Indiana State Bar Association president Daniel B. Vinovich won a three-way race to be elected as the northern Indiana attorney representative to the Judicial Nominating Commission and Judicial Qualifications Commission.

District Courts warning of jury phone scams

November 20, 2017

Federal district courts across the country are warning citizens to be vigilant against jury phone scams.

High court to consider whether to take utility rate hike case

November 20, 2017

The justices of the Indiana Supreme Court will consider whether to decide a dispute over a northern Indiana utility rate increase when it hears oral arguments on petition to transfer this week.

Pelath stepping down as Indiana House minority leader

November 20, 2017

Indiana House minority leader Scott Pelath says he’s giving up that post and won’t seek re-election next year.

Official: Prison company eyes site for ICE detention center

November 20, 2017

An Elkhart County official says the nation’s largest private prison operator is seeking land for a proposed detention center for the Immigration and Customs Enforcement agency.

Ex-Merrillville councilman admits guilt in bribery case

November 20, 2017

A former councilman for the town of Merrillville has admitted taking bribes in a federal plea agreement.

Valpo Law to meet with ABA, says it’s committed to students

November 17, 2017

Valparaiso University president Mark Heckler emphasized the law school is not closing after it announced Thursday it would suspend admission of students in 2018. However, the American Bar Association still may want a teach-out plan as is required of law schools that are ceasing operations.

Southern District Court announces selection of new magistrate judge

November 17, 2017

An Arkansas-born attorney with long ties to the Hoosier legal community has been selected to become the newest magistrate judge of the U.S. District Court for the Southern District of Indiana.

Suspect gets 27 years in plot to kidnap, kill attorney

November 17, 2017

A woman who admitted she conspired to kidnap and kill a family law attorney in Hamilton County was sentenced to 27 years in federal prison, the office of U.S. Attorney Josh Minkler announced Friday.

Law school graduate’s case won’t be heard

November 17, 2017

A federal judge has reaffirmed his decision not to hear a law school graduate’s case against the members of the Indiana Board of Law Examiners, declining to grant a motion for reconsideration based on a finding that the board’s proceedings against him were not in bad faith.

Opinions Nov. 17, 2017

November 17, 2017

Indiana Court of Appeals

Marvin Podemski v. Praxair, Inc. and Antibus Scales & Systems, Inc.
71A03-1608-CT-1927
Civil tort. Affirms the entry of summary judgment in favor of Praxair, Inc. and Antibus Scales & Systems, Inc. and the denial of Marvin Podemski’s motion to correct error. Finds the conditions presented by an air hose and the illumination of the area around the hose was known and obvious. Also finds Praxair and Antibus should not have expected that Podemski would not discover or fail to protect himself against the condition presented by the configuration of the air hose.

Summary judgment affirmed for semi-truck air supplier

November 17, 2017

The dangers presented by the placement of an air hose at a truck stop were known and obvious to a driver who fell and injured himself on the hose, making summary judgment to the owner and servicer of the hose appropriate, the Indiana Court of Appeals ruled Friday.

Southern District proposes new local rule, amendments

November 17, 2017

The Indiana Southern District Court is seeking public comment on proposed amendments that would both change the language of an existing rule while creating another rule.

Estate donates $300K to trust for courthouse’s preservation

November 17, 2017

The estate of a woman who died this year has donated $300,000 toward maintaining a historic Fort Wayne courthouse.

COA reverses directed verdict in OB-GYN’s favor

November 17, 2017

A northern Indiana trial court must revisit the issue of whether a doctor adequately informed his patient of the risks associated with having a natural birth after the Indiana Court of Appeals reversed a grant of a directed verdict in the doctor’s favor on the issue of informed consent.

Hammond latest to sue drug companies over opioid crisis

November 17, 2017

Hammond has become the latest government entity to sue pharmaceutical companies and distributors for their alleged role in fueling the opioid abuse crisis.

‘Friendship’ defense, lack of ‘smoking gun’ aided Menendez

November 17, 2017

Jurors in the bribery trial of Sen. Bob Menendez didn’t think the government’s case was strong enough to convict the New Jersey Democrat and a wealthy friend, according to interviews with members of the panel after a mistrial was declared Thursday.

New Jersey senator’s bribery trial ends in a hung jury

November 17, 2017

The federal bribery trial of Democratic Sen. Bob Menendez ended Thursday with the jury hopelessly deadlocked on all charges, a partial victory for him that could nevertheless leave the case hanging over his head as he gears up for re-election to a sharply divided Senate.

Valpo Law School halts admissions for 2018, explores options

November 16, 2017

Valparaiso Law School is denying a newspaper report that it is planning to cease enrolling students and close. However, “severe financial challenges” are forcing the northwestern Indiana law school to suspend admission of students for the fall of 2018.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

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

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

  • 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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