7th Circuit: Insurer must defend against pill mill lawsuit
An insurance company will have to defend its client pharmaceutical distributor in fending off a West Virginia lawsuit seeking restitution for the epidemic of prescription drug abuse.
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Ex-Ovation CFO gets suspended sentence in $600,000 embezzlement scheme
The former chief financial officer of Ovation Audio-Video Solution LLC received a three-year suspended sentence Monday after pleading guilty to securities fraud in connection with a scheme that allowed him to embezzle more than $600,000 from the company.
DCS director to speak before drug task force
Indiana Department of Child Services director Mary Beth Bonaventura is scheduled to discuss child mental health and substance abuse issues at the Governor’s Task Force on Drug Enforcement, Treatment and Prevention Tuesday at Community Hospital East.
Lake Michigan property line dispute arguments set
A dispute over whether the public has a right to walk the beach along Lake Michigan or private property extends to the water’s edge will be heard by the Indiana Court of Appeals Sept. 5.
Man’s resisting conviction after domestic violence call reversed
Police responding to a domestic violence call weren’t legally exercising their duties when they entered the alleged perpetrator’s house without his consent, used a Taser on him and charged him with resisting law enforcement, the Indiana Court of Appeals ruled Monday.
Opinions July 25, 2016
Indiana Court of Appeals
Darrell Birge and Sandra Birge v. Town of Linden, Indiana
54A01-1509-PL-1495
Civil plenary. Reverses trial court dismissal of the Birges’ nuisance and civil conspiracy suit against the town of Linden for damage to their farm property caused after an independent contractor modified an existing drainage system for municipal purposes. The trial court erred in concluding it was clear on the face of the evidence that the town’s discretionary function immunity applied, that the Birges were barred from seeking damages for inverse condemnation, and that the Birges failed to allege facts supporting a civil conspiracy. Remands for further proceedings.
Farmers win reversal in drainage appeal against town
Montgomery County farmers who claimed work done by a town to improve its stormwater drainage ruined their acreage won reversal Monday of a trial court ruling against them.
Elkhart teacher loses age-discrimination appeal
The 7th Circuit Court of Appeals on Friday rejected an appeal of an Elkhart teacher who claimed the school system discriminated against her on the basis of her race and age in denying her 12 different promotions over a span of eight years.
Judge inclined to deny Trump’s request to dismiss lawsuit
A federal judge said Friday that he is inclined to deny a request by Donald Trump's lawyers to dismiss a lawsuit that accuses the Republican presidential nominee of defrauding customers at the now-defunct Trump University.
Most Indiana youths convicted of murder get adult sentence
Indiana Department of Correction data shows the vast majority of youths found guilty of murder in the state are sentenced as adults.
Howard County jail population surges
The Howard County jail has seen a population increase of nearly 100 more inmates from this time last year, 40 of whom are the result of legislation meant to ease the Indiana Department of Correction's burden.
Opinions July 22, 2016
Indiana Court of Appeals
Santiago Valdez v. State of Indiana
18A02-1509-CR-1514
Criminal. Affirms conviction of Class B felony attempted rape and Class C felony criminal confinement. While a prosecutor’s hint during closing arguments that defense counsel improperly influenced an expert witness constituted prosecutorial misconduct, the trial court’s prompt admonishment prevented Valdez from being placed into grave peril. The trial court made no evidentiary errors. Admonishes Delaware County deputy prosecutor Eric Hoffman regarding ‘wild, baseless accusations of misconduct’ hurled at defense counsel.
Pence’s candidacy could prevent Illinois man’s pardon
Gov. Mike Pence's spot on Donald Trump's presidential ticket may jeopardize a wrongfully convicted man's pardon request in Indiana.
Man’s ineffective assistance of counsel claim fails
The Indiana Court of Appeals rejected a man’s assertion that he received ineffective assistance of counsel because his attorney didn’t object to the validity of the order placing him on probation.
COA admonishes prosecutor’s misconduct, doesn’t reverse conviction
A prosecutor’s suggestion to the jury during an attempted rape trial that a defense attorney influenced a witness was misconduct, but not sufficient to warrant reversal of the defendant’s conviction, the Indiana Court of Appeals ruled Friday. But the court also called out the prosecutor and warned him.
Reversal: HHGregg prevails in appeal over managers’ bonuses
HHGregg senior managers are not entitled to share in $40 million in life insurance proceeds from the 2012 death of executive chairman of the board Jerry Throgmartin, the Indiana Court of Appeals ruled Friday, reversing a trial court ruling in the managers’ favor.
COA: Buyers had notice property was under lease
The Indiana Court of Appeals affirmed that because sellers of a Crawford County property had recorded their assignment of lease in the recorder’s office, buyers of the property had actual or constructive notice that the sellers didn’t own the land.
Marion County judge moves civil forfeiture case forward
A case challenging civil forfeitures by Indianapolis police and the prosecutor’s office will be able to move forward after Marion Superior Court denied the defendants’ motion to dismiss earlier this week.
Wal-Mart shoplifter’s resisting conviction affirmed
A man who fled from police and later was arrested after he and another man had been spotted allegedly shoplifting from a Lafayette Wal-Mart store was properly convicted of Class A misdemeanor resisting law enforcement, the Indiana Court of Appeals ruled Friday.
COA tosses feticide conviction, says statute doesn’t apply to self abortion
The Indiana Legislature did not intend for the state’s feticide statute to apply to pregnant women or illegal abortions, including the one a northern Indiana woman executed by taking drugs ordered from Hong Kong, the Court of Appeals held Friday.