DC appeals court hears arguments in Clean Power Plan case
The federal appeals court in Washington began hearing arguments Tuesday in the legal fight over President Barack Obama's plan to curtail greenhouse gas emissions.
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Indiana mother faces murder charges in death of son, daughter
A mother has been arrested on two counts of murder after her son and daughter were found dead in a vehicle in northern Indiana, and early Tuesday police found the body of a man who they believe was an acquaintance of the woman.
Opinions Sept. 27, 2016
Indiana Court of Appeals
Dale Sedam, Kim Sedam, and Bryan Norris, as co-personal representatives of the Estate of David C. Hamblin, deceased v. 2JR Pizza Enterprises, LLC doing business as Pizza Hut #013413, et al.
39A05-1602-CT-296
Civil tort. Reverses partial summary judgment in favor of Pizza Hut after its employee, Amanda Parker, was involved in a car accident that killed David C. Hamblin while she was acting within the scope of her employment. Finds that an employer’s admission that its employee committed the alleged negligent act within the scope of her employment does not preclude an action for negligent hiring, training, supervision and retention. Remands for further proceedings.
COA rules that negligent hiring claim against Pizza Hut can proceed
A negligent hiring claim against Pizza Hut can continue to move through Jefferson Circuit Court after the Indiana Court of Appeals found Tuesday that the trial court erred when it granted summary judgment in favor of the pizza chain.
Lawrenceburg sued for allegedly discriminating against people with disabilities in zoning issue
The city of Lawrenceburg is facing a lawsuit after an organization that serves adults with intellectual disabilities accused the city of discrimination after it prevented the organization from building a supported living home for people with disabilities.
Prosecutor weighs retrial in Indiana triple-murder case
A northern Indiana prosecutor plans to speak to relatives of three people slain in 1998 and review evidence before deciding if he'll retry a man whose second triple-murder conviction was thrown out last week, his office said Monday.
Anthem and Cigna don’t get along, but they’ll never tell
In federal court papers filed Thursday, Anthem Inc. said that Department of Justice prosecutors seeking to block the deal shouldn’t have access to letters between Anthem and Cigna Corp.’s lawyers where they disagree about aspects of the $48 billion takeover by Anthem.
Commercial courts, e-filing subject of Tuesday symposium
General counsel, business leaders, lawyers and lawmakers will provide information on commercial courts and e-filing initiatives Tuesday afternoon at a symposium and continuing legal education program offered by the Indiana Supreme Court.
Hamilton County leaders moving forward with jail renovation
Hamilton County leaders seem to have found a compromise for expanding the county's correctional campus plan.
E-filing begins in Johnson County
Johnson County on Monday became the 17th Indiana circuit court to adopt electronic filing, and e-filing for most case types will become mandatory in there in two months.
Court of Appeals finds parents unfit, affirms termination of parental rights
The Indiana Court of Appeals affirmed Monday a decision to terminate parental rights after both parents failed to show evidence that allowing them to maintain their rights would be in the best interest of the children.
Opinions Sept. 26, 2016
Indiana Court of Appeals
Jon A. Arnold v. State of Indiana
88A01-1603-PC-677
Post conviction. Affirms trial court’s decision to deny Jon A. Arnold’s petition for post-conviction relief. Arnold has not established that a defense overlooked by trial counsel would have likely changed the outcome of the proceeding.
COA affirms denial of timber buyer’s petition for post-conviction relief
The Indiana Court of Appeals found Monday that a Washington County timber buyer failed to prove that he was not guilty of illegally purchasing timber and, thus, is not entitled to post-conviction relief.
7th Circuit Court orders issuance of writ of habeas corpus for convicted murderer
The full 7th Circuit Court of Appeals has ordered that writ of habeas corpus or a new trial be ordered for a man convicted of three murders and sentenced to death, finding that state courts incorrectly omitted a key piece of evidence in the defense’s case.
Domestic relations, tax sale case designations to change
Domestic relations case-type designations will change in 2017, from “DR” for all case types to “DC” for cases in which children are involved and “DN” for those without children. The change was announced in an Indiana Supreme Court order issued Friday.
Tax Court allows for withdrawal of 29 requests for admissions
The Indiana Tax Court has ruled in favor of a recreational vehicle manufacturer and allowed a group of 29 separate requests for admissions to be withdrawn.
Prosecutor faces discipline for press comments over ruling for killer
Johnson County Prosecutor Bradley Cooper faces possible professional sanctions for comments he made to the Indianapolis Star and the Associated Press after a judge ruled a man facing the death penalty wasn’t competent to be executed.
Indiana Tech Law School dean says 5 graduates appealing bar results
Five graduates of Indiana Tech Law School have filed appeals with the Indiana Board of Law Examiners to have their bar exams reviewed, according to the law school’s dean Charles Cercone.
Facebook and its lawyers slammed by judge in terrorism suits
A federal judge slammed Facebook Inc., saying the social media giant might not be doing enough to deter terrorists from using its platform.
More Hillary Clinton emails to be released by State Department
The State Department told a federal judge Friday it found 5,600 work-related e-mails from a disk of deleted messages recovered from the private email server Hillary Clinton used while secretary of state, raising the possibility of further disclosures on a subject that has dogged the Democrat’s presidential bid.