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Indiana Court of Appeals
Rachel Neal v. IAB Financial Bank, f/k/a Grabill Bank
02A03-1604-CT-1002
Civil tort. Affirms summary judgment in favor of IAB Financial Bank. Finds because all three Webb factors lean against imposing a duty here, the Allen Superior Court did not err in concluding the bank owed no duty to Neal.
The 7th Circuit Court of Appeals has upheld summary judgment in favor of a sister on the board of directors of a family foundation after finding that her brother lacked standing to bring either individual or derivative claims on behalf of the corporation.
The Indiana House Thursday passed a bill creating a unique judicial-selection commission that gives lawmakers and Marion County political party leaders a majority of seats at the table. The bill has been heavily criticized by Indianapolis’ minority lawmakers and others.
As Indiana’s criminal justice system continues to roll out legislatively mandated reforms, members of the Justice Reinvestment Advisory Council are working with legislators to implement changes that will benefit both law enforcement and offenders.
West Virginia Attorney General Patrick Morrisey's office says he's leading Republican attorneys general from 20 states, including Indiana, in support of President Donald Trump's nominee to the U.S. Supreme Court, Neil Gorsuch.
A doctrine allowing prisoners to bring ineffective assistance of counsel claims after a procedural default at the state level applies in Indiana and, thus, entitles a convicted murderer to an evidentiary hearing on his ineffective counsel claim, a divided 7th Circuit Court of Appeals decided Wednesday.
Two law firms launched in recent years also are launching a networking organization they hope can assist other lawyers in starting their own firms.
Virginia is joining a federal lawsuit against President Donald Trump's executive order restricting travelers from seven Muslim majority nations from entering the U.S., Attorney General Mark Herring announced on Tuesday.
Indiana Court of Appeals
Menard, Inc. v. Reba Lane
45A03-1606-CT-1283
Civil tort. Affirms the denial of Menard Inc.’s motion to set aside the default judgment entered in favor of Reba Lane when Menard failed to appear or defend itself against her personal injury suit. Finds the Lake Circuit Court did not abuse its discretion in denying Menard’s motion. Also finds Lane attempted service of her compliant and summons in multiple ways, all of which conformed with the requirements of the Indiana Trial Rules and that Lane’s attorney did not engage in misconduct when she did not notify the two law firms who had represented Menard in the past. Finally, finds that the breakdown in communication between Menard employees regarding the summons and complaint was not excusable neglect.
The federal courts and other agencies in the Southern District of Indiana are offering a free CLE this month honoring an Indiana legend as part of their annual Black History Month event.
A Lake Superior Court has vacated the conviction and dismissed the charges against a Gary man who was wrongly punished for a 1989 rape and served his full sentence.
A summons and complaint in a personal injury claim were adequately served on a Menards store in Gary, the Indiana Court of Appeals found Wednesday, so the store cannot seek relief from default judgment entered against it on the basis of the service of process.
Victims of human trafficking in Indiana could soon have a new mechanism for relief from charges brought against them while they were under the control of a trafficker if a new bill designed to vacate those charges is passed.
President Donald Trump has nominated Neil Gorsuch, a fast-rising conservative judge with a writer's flair, to the Supreme Court, setting up a fierce fight with Democrats over a jurist who could shape America's legal landscape for decades to come.
Some Indiana lawmakers concerned that operators with nefarious intentions could turn peeping drones into peeping Toms are pushing to criminalize using the high-tech flying gadgets for voyeurism.
A man serving two life sentences in a deadly Indianapolis house explosion has been convicted of a murder-for-hire charge.
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
The 7th Circuit Court of Appeals Tuesday reversed an Appeals Council decision to dismiss an Indiana man’s good cause request after initially granting the request, finding that the sudden change of course was arbitrary.
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.