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Judgment for law firm in malpractice case reversed

May 31, 2017

A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.

Lawsuit targets local rent-to-own housing operator

May 31, 2017

An Indianapolis-based company that has purchased and rented out hundreds of houses in the city is being sued by a not-for-profit housing group and four former customers over what they are calling a “predatory and unlawful rent-to-own scheme.”

U.S. Supreme Court: selling product exhausts patent

May 31, 2017

In a decision that Zimmer Biomet and other medical device manufacturers argued will change their industry, the Supreme Court of the United States ruled Tuesday that patent holders cannot keep their patent protections after they sell their products.

SCOTUS suspends wrong lawyer over ‘mistaken identity’

May 31, 2017

When the Supreme Court of the United States suspended a prominent Massachusetts lawyer and threatened him with disbarment, it started a Boston legal drama that took two weeks to resolve.

Judge awards no damages to worker burned inside heated tank

May 31, 2017

A lawsuit filed by an eastern Indiana man seriously burned inside a heated chemical tank has ended without any damages being awarded.

Long Beach seawall dispute goes back to boards

May 30, 2017

A complaint brought by Indiana residents seeking to build seawalls along their lakefront property will not proceed after the Indiana Court of Appeals decided Tuesday the residents must first exhaust their administrative remedies before litigating their complaint.

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.

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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

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  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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