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Goff joining Indiana Supreme Court July 24

A temporary replacement for the judge of the Wabash Superior Court has been appointed as current Judge Christopher Goff prepares to step down from the trial court bench and transition to the Indiana Supreme Court next month.

Opinions June 19, 2017

Indiana Court of Appeals
Daviess-Martin County Joint Parks and Recreation Department, Daviess County Indiana, and Daviess County Health Department v. The Estate of Waylon W. Abel by John Abel, Personal Representative, et al.
19A04-1607-CT-1563
Civil tort. Reverses the denial of the Daviess-Martin Joint County Parks & Recreation Department, Daviess County, Indiana, and the Daviess County Health Department’s motions for summary judgment regarding a negligence claim by the estate of Waylon Abel, and John Abel on behalf of the dependent children of Waylon Abel. Finds the county, parks board and health department did not have a duty to Waylon Abel.

COA: County entities did not owe duty under foreseeability analysis

A southern Indiana county and its parks and recreation and health departments did not owe a duty to a man who contracted a deadly infection while at a county park, the Indiana Court of Appeals held Monday, reversing the denial of summary judgment to the governmental entities.

Top students still not interested in a JD

A few months before law schools around the country begin a new academic year, the number of people applying for admission has slipped, with the greatest decline coming from applicants posting the highest LSAT scores.

Justices say law on offensive trademarks is unconstitutional

The U.S. Supreme Court on Monday struck down part of a law that bans offensive trademarks, ruling in favor of an Asian-American rock band called the Slants and giving a major boost to the Washington Redskins in their separate legal fight over the team name.

Justices deny transfer to malpractice suit against Barnes & Thornburg

The Indiana Supreme Court will not consider the issue of whether Indiana’s largest law firm was properly granted summary judgment in a legal malpractice suit, denying transfer to a case that raised concerns about attorneys’ ability to indemnify themselves against malpractice allegations.

Fort Wayne courthouse’s stained glass dome undergoes repairs

After spending nearly a century adorning the apex of the courthouse ceiling, the stained-glass panels had begun to suffer from a phenomenon known as deflection. The condition results from gravity invisibly acting on the lead holding the glass in place.

Suit alleging Kroger stores didn’t collect sales tax reverts to state court

A Fort Wayne attorney’s lawsuit alleging Kroger stores in Indiana have for years knowingly failed to collect and remit state sales tax on hundreds of non-exempt food items and other goods will be heard in state court after a judge denied the grocers' bid to transfer the suit to federal court.

Opinions June 16, 2017

Indiana Court of Appeals
Jack Allen Delauter v. Angela Lee Delauter (mem. dec.)
85A02-1611-DR-2644
Domestic relation. Affirms and reverses in part the Wabash Superior Court’s findings of fact and judgment dissolving Jack Allen Delauter’s marriage to Angela Lee Delauter. Finds the trial court’s conclusion the North Central Respiratory Inc. property had a value of $62,000 as a marital asset contradicts the finding that Jack Delauter’s one-half share was worth $31,000.

Arguments Thursday in drug case near park with no equipment

The Indiana Supreme Court will hear arguments next week on whether children were reasonably expected to be playing at a park with no playground equipment or trees, the central question that must be answered to determine if a man should be convicted of cooking meth within 500 feet of the park.