Indianapolis attorney tapped for national mock trial board
Criminal defense attorney and mock trial alumnus Scott Barnhart has been elected to the board of the National High School Mock Trial Championship.
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Federal statute of limitations does not preempt state statute in collections action
The United States Congress’ purpose in passing the Interstate Commerce Commission Termination Act was not to preempt state statutes of limitations, the Indiana Supreme Court held Tuesday, so an 18-month federal statute of limitations cannot bar a transportation company’s collections claim against an Indiana manufacturer.
Taft announces new chairman and managing partner, partner-in-charge
Two attorneys with Taft Stettinius & Hollister LLP are moving into new leadership positions as the new year begins.
Property contract with no-cheating clause enforceable
A Jefferson County woman must convey her assets in a property she shared with her ex-boyfriend after she became pregnant by another man in breach of a contract she signed with the ex-boyfriend, the Indiana Court of Appeals found Friday.
Owners of flooded house lose appeal in suit against Valparaiso
A couple whose home near a water retention and detention facility was flooded in 2008 when the city of Valparaiso experienced a 200-year storm are not able to assert a private cause of action under Indiana’s Flood Control Act, the Indiana Court of Appeals affirmed Friday.
COA: Court properly denied motion to set aside default judgment
A company being sued for negligence failed to convince the Indiana Court of Appeals that the default judgment entered against it in the matter should be overturned.
Assessor waived objection to untimely filing of record
The Indiana Tax Court on Friday determined that a northern Indiana assessor’s office waived its objection to a late-filed certified administrative record in a tax appeal, ruling that an objection must be made before the merits of a case have been furthered.
Opinions Jan. 3, 2017
Indiana Supreme Court
Kennedy Tank & MFG. Co., Inc., and Hemlock Semiconductor Operations LLC and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation d/b/a Emmert International
49S02-1608-CT-431
Civil tort. Finds on an issue of first impression that Indiana’s 10-year statute of limitations is not preempted by the federal statute of limitations in the Interstate Commerce Commission Termination Act. Finds that Congress’ purpose was not to preempt state statutes of limitations and that Indiana’s statute of limitations does not do major damage to the ICCTA’s deregulatory purpose. Thus, Emmert Industrial Corp.’s collection claim against Kennedy Tank & Manufacturing Co. can proceed.
Wylie tapped to lead Evansville Volunteer Lawyer Program
Scott Wylie, attorney and director of the Vanderburgh Community Foundation, has been named as the first full-time staff director of the Volunteer Lawyer Program of Southwestern Indiana.
Indiana GOP senator says bill aimed at Islamic law concerns
One of the Indiana legislators proposing to prohibit state judges from referring to foreign laws says he is concerned that Islamic religious law could be cited in civil cases.
Ex-head of Jared Fogle’s charity seeks sentence review
A man who led former Subway pitchman Jared Fogle's anti-obesity charity wants his sentence for child exploitation and child pornography vacated or modified.
Former IDEM employee’s unlawful termination case can continue
A former Indiana state employee can continue her case against the Indiana Department of Environmental Management after the Court of Appeals decided Thursday that her unlawful termination complaint stated a claim upon which relief can be granted and that sovereign immunity cannot apply.
Granddaughter can continue to seek guardianship of grandfather
The Indiana Court of Appeals is allowing a granddaughter to continue seeking guardianship over her grandfather after determining that the trial court erroneously dismissed her guardianship petition.
COA: Trial court’s erroneous statement did not change terms of plea agreement
A man convicted of drug-related charges must adhere to the waiver of his right to appeal his sentence as part of his plea deal after the Indiana Court of Appeals found Thursday that the trial court’s erroneous statement did not change the terms of that agreement.
Gun evidence admissibility divides Court of Appeals
In a “he said, she said” case before the Indiana Court of Appeals Thursday, the judges were divided on whether admission of a gun into evidence prejudiced a woman’s convictions of resisting law enforcement and battery against a public safety official and her boyfriend’s battery conviction.
Opinions Dec. 29, 2016
Indiana Court of Appeals
Angela R. Neal v. State of Indiana
20A04-1606-CR-1326
Criminal. Affirms that the Elkhart Superior Court’s advisement of the consequences of Angela R. Neal’s status as a credit-restricted felon complied with Indiana Code 35-38-1-7.8(c). Finds there is no particular language that a trial court must use in order to comply with the statute.
Appeals court finds judge complied with credit-restricted felon statute
In an issue of first impression, the Indiana Court of Appeals ruled that an Elkhart Superior judge’s advisement to a convicted child molester that she is a credit-restricted felon substantially complied with statute.
COA upholds dismissal of fired DOT employee’s untimely petition for review
A former employee of the Indiana Department of Transportation, who was fired in 2013, untimely filed his petition for judicial review after he was unsuccessful in his administrative appeals and the trial court correctly dismissed his petition, the Indiana Court of Appeals affirmed Thursday.
Indiana mother writes she’s guilty in children’s deaths
An Indiana woman accused of fatally smothering her two young children told a judge in a handwritten letter that she's guilty and ready to accept life in prison.
New Jersey makes case to US Supreme Court on sports betting
New Jersey's chances of getting the U.S. Supreme Court to consider its effort to legalize sports gambling hinge on how a bedrock constitutional principle is applied.