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Doctor’s profit sharing plan not recoverable by slain wife’s estate

August 25, 2016

The estate of a woman whose husband shot and killed her and himself just hours after they married is not entitled to any funds from the husband’s profit sharing plan based on Indiana probate law, the Indiana Court of Appeals concluded Thursday.

Opinions Aug. 25, 2016

August 25, 2016

Indiana Court of Appeals
In re the Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey R. MacDonald
71A03-1602-TR-301
Trust. Reverses the probate court’s order dismissing Hurwich’s complaint. Hurwich’s appeal was timely filed and dismissal of his complaint was not appropriate. Specific factual support is not required under Indiana Trial Rule 8(A) as factual specifics may not be available until discovery is made.

Trust beneficiary’s complaint reinstated by COA

August 25, 2016

The lawsuit filed by a man who claimed the trustee of the irrevocable trust in which he is the beneficiary mismanaged assets will move forward after the Indiana Court of Appeals reversed dismissal of the suit.

7th Circuit tackles ‘moral turpitude’ in immigration case

August 25, 2016

The 7th Circuit Court of Appeals is concerned about the classification of every crime involving deception involving “moral turpitude,” which would prevent some unauthorized immigrants from seeking discretionary cancelation of removal under the law.

Regulators OK final settlement over controversial Edwardsport plant

August 25, 2016

A bitter, costly fight over who will pay for Duke Energy’s $3.5 billion coal-gasification plant, one of the most expensive projects in Indiana history, is finally over.

Attorneys needed to teach kids about elections

August 25, 2016

Indiana Kids’ Election, which helps teachers by providing resources about the election process, is looking for attorney volunteers in schools around the state.

Disabled passenger’s PI suit against Austrian Airlines stays in Indiana

August 25, 2016

A Crown Point woman who claims employees of Austrian Airlines broke her leg after failing to accommodate her disability may proceed with her federal lawsuit in Hammond, a judge has ruled.

Is a granola bar ‘natural’ if there’s a pesticide in it?

August 25, 2016

New lawsuits filed Wednesday target what they say are small amounts of the world's most popular pesticide in granola bars ostensibly "made with 100% natural whole grain oats."

Opinions Aug. 24, 2016

August 24, 2016

Indiana Court of Appeals
Christopher Compton v. State of Indiana
82A01-1511-CR-1997
Criminal. Affirms conviction of three counts of felony murder and the finding that Compton is a habitual offender. The trial court did not deprive Compton of due process when it allowed the media to tweet live updates of his trial from the courtroom, nor did it err in admitting evidence of Compton’s incriminatory statements. Calls for guidance on social media use during criminal trials.

COA calls for guidance on social media use during criminal trials

August 24, 2016

In affirming that a man was not deprived due process when the media live tweeted during his murder trial, the Indiana Court of Appeals noted that it’s time for the judicial branch to address social media use concerns.

Outlaws member denied motorcycle club’s seized property

August 24, 2016

A member of the Outlaws Motorcycle Club who wanted to intervene in a forfeiture action involving paraphernalia bearing the Outlaws insignia couldn’t convince the 7th Circuit Court of Appeals that a federal court was incorrect in denying his motions.

Court divided over stop of man in movie theater

August 24, 2016

By a 2-1 vote, the Indiana Court of Appeals reversed the denial of an Indianapolis man’s motion to suppress a handgun found on him after officers questioned him in a lobby of a movie theater. The majority ruled the officers had no reasonable suspicion to justify the investigatory stop.

COA affirms officer’s stop of teen involved in mall ruckus

August 24, 2016

A police officer had reasonable suspicion to stop and search a teen at an Indianapolis mall on Black Friday last year whom was believed to be involved in a shouting match with another group of people in a department store, the Indiana Court of Appeals affirmed.

COA upholds restraining order against man who threatened mother’s caretakers

August 24, 2016

A Clark County man’s behavior qualified as a credible threat of violence with respect to three employees of the assisted living facility where his mother lived, so the trial court correctly issued workplace violence restraining orders on their behalf, the Indiana Court of Appeals affirmed.

Summit focuses on coordinating efforts to fight drug abuse

August 24, 2016

State Supreme Court justices and other high-ranking officials huddled Wednesday to discuss ways to coordinate efforts to battle the drug abuse epidemic in a judicial summit involving some of the hardest-hit states.

Lilly, partner lose court fight over testosterone treatment

August 23, 2016

Eli Lilly and Co. and its partner cannot stop competitors from selling generic versions of testosterone treatment Axiron, a federal judge in Indianapolis has ruled.

Judge rules in favor of scorned e-liquid manufacturer in vaping case

August 23, 2016

Opponents of Indiana’s controversial vaping law scored a victory Friday when a federal judge ruled in favor of a Florida e-liquid manufacturer that argued the law was unconstitutional.

No appeal in Indiana woman’s overturned feticide conviction

August 23, 2016

The attorney for an Indiana woman whose feticide conviction for a self-induced abortion was overturned said Tuesday he's pleased the state's attorney general decided not to appeal that ruling and hopes she's freed soon from prison.

Justices: Refusal to submit to chemical test depends on circumstances of each case

August 23, 2016

The Indiana Supreme Court declined to go as far as one Court of Appeals judge did in declaring that “anything short of an unqualified, unequivocal assent to a properly offered chemical test constitutes a refusal.” In affirming the administrative suspension of a woman’s driver’s license, the justices concluded that whether someone refuses to submit to a chemical test depends on the circumstances of each case.

Promise to pay for broken nose breathes life into estoppel claim

August 23, 2016

A young woman who suffered a broken nose trying to help law enforcement can have her estoppel claim move forward even though she did not file a timely notice under the Indiana Tort Claims Act.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

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

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

  • ICE plans Carmel office as immigration enforcement efforts ramp up

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