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Woman sues state over untimely insurance enrollment

July 21, 2016

A lawsuit filed Thursday alleges the state ignored federal law requiring it to provide health insurance coverage within a reasonable time frame and must retroactively pay for an Elletsville woman’s medical bills.

Recommendation of plea document passes ‘duck test’

July 21, 2016

Citing the “duck test” credited to Hoosier poet James Whitcomb Riley, the Indiana Court of Appeals held that a “recommendation of plea” document was a plea agreement the trial judge was free to accept or reject.

Judges affirm grant of senior living facility’s arbitration motion

July 21, 2016

Although a senior living facility “inexplicably” failed to keep a copy of an arbitration agreement signed by a resident, the facility produced enough extrinsic evidence to conclude an enforceable arbitration agreement exists, the Indiana Court of Appeals ruled.

7th Circuit: Judge should have disqualified herself in sentence challenge

July 21, 2016

The 7th Circuit Court of Appeals ruled Wednesday that a federal judge in Indianapolis should have excused herself from hearing a man’s petition regarding his sentence because she was the one who sentenced him while she was a judge in state court. In doing so, the federal appellate court overturned two lines of decisions.

COA: Woman, not bank, entitled to foreclosure surplus funds

July 21, 2016

A trial court misapplied the law regarding disbursement of surplus sale proceedings from a sheriff’s sale when it ordered the full surplus to the bank that owned the first mortgage on the home, the Indiana Court of Appeals held. The law requires the surplus to go to the mortgage debtor.

Feds sue Anthem, Cigna to block $48B merger

July 21, 2016

U.S. antitrust enforcers on Thursday roundly rejected a pair of proposed deals that would consolidate the nation’s five biggest health insurers into just three.

DCS agrees more caseworkers needed, argues against suit

July 20, 2016

Indiana’s Legislature and governor have failed to provide resources to ensure sufficient case managers to protect children and families, a lawyer representing the Department of Child Services told the Indiana Court of Appeals Wednesday. But she argued a caseworker’s lawsuit against the agency was the wrong way to enforce state law requiring those workers have no more than 17 cases each.

Opinions July 20, 2016

July 20, 2016

Indiana Supreme Court
In the Matter of: Timothy S. Durham
49S00-1212-DI-672
Discipline. Disbars Tim Durham following his conviction on 12 felony counts for securities and wire fraud, 10 of which were upheld on appeal. Finds he violated two Rules of Professional Conduct for “fraudulent looting of funds entrusted to him by investors.”

On rehearing, judges find investigator’s photos admissible

July 20, 2016

The Indiana Court of Appeals granted rehearing to a case involving a lawsuit brought by a man injured by a sheriff deputy’s vehicle while he walked along the side of the road. The divided court held certain evidence, including an investigator’s affidavit and photos, are admissible at trial.

COA: School’s insurance doesn’t cover student who injured teacher

July 20, 2016 | Jennifer Nelson

Although the Indiana Court of Appeals disagreed with parts of a trial court’s ruling in an insurance coverage dispute, the judges affirmed the ruling that the insurance policy of a school where a student injured her teacher during class is not the primary insurance in the teacher’s personal injury suit.

Indiana Supreme Court disbars Tim Durham

July 20, 2016

The Indiana Supreme Court disbarred Indianapolis attorney Tim Durham Wednesday because of his “fraudulent looting of funds entrusted to him by investors.” Durham is currently serving a 50-year sentence for 10 counts of wire and securities fraud.

Administration asks for new immigration review with 9 justices

July 20, 2016

The Obama administration says the U.S. Supreme Court should seek to break its recent tie over plans to protect millions of immigrants, when a ninth justice is on the bench.

Ex-wrestlers sue WWE over head injuries

July 20, 2016

More than 50 former professional wrestlers sued World Wrestling Entertainment Inc., saying the company is responsible for repeated head trauma including concussions they suffered in the ring that led to long-term neurological damage.

Judge reignites debate over researching jurors online

July 20, 2016

Mining prospective jurors' Facebook, Twitter and other social media accounts is common practice for many attorneys looking to spot biases that might cost their clients a fair trial.

Justices take just 1 case on transfer

July 19, 2016

The Indiana Supreme Court granted transfer to one case last week, a criminal matter in which it issued its decision the same day it accepted it.

Justices take just 1 case on transfer

July 19, 2016

The Indiana Supreme Court granted transfer to one case last week, a criminal matter in which it issued its decision the same day it accepted it.

Vacancy opening up in Northern District Bankruptcy Court

July 19, 2016

The 7th Circuit Judicial Council is now accepting applications for judge in the U.S. Bankruptcy Court for the Northern District of Indiana in Hammond.

US preparing lawsuits against Anthem, Aetna deals, sources say

July 19, 2016

U.S. antitrust officials are poised to file lawsuits to block Anthem Inc.’s takeover of rival health-insurer Cigna Corp. and Aetna Inc.’s deal to buy Humana Inc., according to a person familiar with the matter.

Gary bar loses by default, owes fight promoter $6,000

July 19, 2016

A Gary bar that allowed patrons to watch an Ultimate Fighting Championship broadcast must pay more than $6,000 in damages for failing to pay for a license to air the broadcast, a federal judge ruled.

State revenue department bound by 1998 ruling

July 19, 2016

The Indiana Department of State Revenue should have granted a medical equipment company’s request for a sales tax refund, the Indiana Tax Court ruled, finding the department is bound by its published ruling interpreting the exemption at issue.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

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

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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