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Right of first refusal splits Court of Appeals

May 30, 2017

A dispute over contract language divided the Indiana Court of Appeals to the point where judges could not agree whether the case was one of first impression.

COA: Mom cannot show lead cause of boy’s autism

May 30, 2017

A grandmother failed to convince the Indiana Court of Appeals her grandson’s developmental disabilities were caused by the lead paint in her rented house rather than by his birth mother’s use of methamphetamine.

Appellate court reverses domestication of Illinois judgment

May 30, 2017

The Indiana Court of Appeals has vacated an Indiana trial court’s order domesticating an Illinois trial court’s arbitration judgment, finding such an order was prima facie error.

COA allows nurse practitioner to testify as expert

May 30, 2017

An Evansville nurse practitioner who has training and licensure beyond that of a nurse, may testify as an expert as to whether a patient’s injuries are consistent with injuries sustained in an automobile accident, but not as to whether the accident caused the injuries, the Indiana Court of Appeals has ruled.

COA: Suspended attorney’s failure to litigate attributable to client

May 30, 2017

A now-suspended attorney’s repeated failure to communicate with his client and litigate her case was a failure directly attributable to the client and, thus, made the opposing party entitled to summary judgment, the Indiana Court of Appeals ruled Tuesday.

Opinions May 30, 2017

May 30, 2017

Indiana Court of Appeals
McKinley, Inc a/k/a McKinley Associates, Inc. d/b/a Summer Wood Apartment Homes v. Michelle Skyllas
45A05-1612-CT-2853
Civil tort. Reverses the Lake Superior Court’s grant of Michelle Skyllas’ motion to correct error, which sat aside the trial court’s prior grant of summary judgment to McKinley, Inc., a/k/a McKinley Associates, Inc., d/b/a Summer Wood Apartment Homes, and the trial court’s grant of Skyllas’ motion to withdraw and amend admissions. Finds Skyllas did not establish she was entitled to relief from judgment with respect to the grant of summary judgment or the admissions. Remands with instructions to reinstate the judgment in favor of McKinley and against Skyllas.

Court affirms weapon, drug convictions after bar incident

May 30, 2017

A man’s arrest and conviction on gun and cocaine charges after an anonymous tipster called police and said a man was pointing a gun in an Anderson bar was affirmed Tuesday by the Indiana Court of Appeals.

Travel ban to test Supreme Court view of presidential power

May 30, 2017

The U.S. Supreme Court may soon decide how courts are supposed to view presidential power in the age of Donald Trump.

Failure to sign order sends dog dispute back to court

May 30, 2017

Noting the plaintiff may want to let a sleeping dog lie, the Indiana Court of Appeals remanded a decision to the trial court, finding the judge had not signed the order awarding custody of a dog named Snickers.

Appeals panel affirms termination of guardianship

May 30, 2017

The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.

No jail time in hit-and-run death stuns victim’s relatives

May 30, 2017

The family of a northeastern Indiana man who died after he was struck by a car while bicycling say they're devastated the motorist received no jail time in the hit-and-run death.

Indiana faces records request backlog as Pence drags feet

May 30, 2017

The Indiana governor's office faces a backlog of public records requests largely stemming from Vice President Mike Pence's tenure, and the delay has been exacerbated by Pence's refusal to give his successor digital access to his emails, including those sent from a private AOL account he sometimes used to conduct state business.

Notre Dame law clinic employee accused of embezzlement

May 30, 2017

An employee of the Notre Dame Clinical Law Center has been charged with 11 felony counts relating to what the St. Joseph County Prosecutor’s Office says is a seven-year-long racketeering scheme in which the university found more than $199,000 was stolen.

Justices to hear arguments in caseload case against DCS this week

May 30, 2017

The Indiana Supreme Court will hear arguments this week to determine whether an employee of the Indiana Department of Child Services can bring a class-action complaint against her employer for an alleged violation of statutory caseload limits under the public standing doctrine.

IndyBar: New Volunteers Needed for Expansion of Homeless Shelter

May 30, 2017

The Indianapolis Bar Association Homeless Shelter Project and its attorney volunteers have been serving the residents of five local homeless shelters over the past 26 years.

IndyBar Introduces New Pro Bono Opportunity

May 30, 2017

Sometimes, all it takes to change a life is a helping hand. Be that helping hand at a new IndyBar volunteer opportunity with Goodwill of Central & Southern Indiana.

IndyBar: Nissa’s News 5/31/17

May 30, 2017

Please forgive me for taking the opportunity to get a little personal this week, but I felt compelled to share this message.

IndyBar: Members Get Healthy, Earn CLE at Unique Education Event

May 30, 2017

CLE and cycling, ethics and endorphins…whatever you call it, one thing was for sure—it was fun!

IndyBar: Don’t Miss the Boat – Keep an Eye on These IndyBar Deadlines

May 30, 2017

Along with summer come several opportunities with the Indianapolis Bar Association and Foundation. Check out details and mark these deadlines on your calendar today!

DTCI: Do As I Say, Not As I Do

May 30, 2017

A recent Court of Appeals ruling permits a medical expert’s personal practice testimony for impeachment.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

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

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Marion County judge blocks state’s near-total abortion ban in religious freedom case

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