Justices disbar Goshen attorney for UPL while suspended
The Indiana Supreme Court has decided the sanction for a Goshen attorney’s repeated practice of law while suspended: disbarment.
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Appeals court sends request for benefits back to Social Security office
A federal court in Indianapolis never should have affirmed the denial of Supplemental Security Income sought by an intellectually disabled woman because the administrative law judge’s decision was unsupported by the record, the 7th Circuit Court of Appeals held Wednesday.
Opinions July 21, 2016
Indiana Supreme Court
In the Matter of: Joseph C. Lehman
20S00-1507-DI-431
Discipline. Disbars Lehman for unauthorized practice of law while suspended. Previous sanctions have not deterred him from continuing to engage in the practice of law in defiance of his suspension order, and his repeated violations have exposed the public to the danger of attorney misconduct by him.
Justices uphold Jay County teachers’ CBA
In a 4-1 decision, the Indiana Supreme Court affirmed the last best offer made by the Jay School Corp. regarding a collective bargaining agreement for the 2013-14 school year. The teachers took issue with a provision involving the salary of teachers hired mid-school year.
Woman sues state over untimely insurance enrollment
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’
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.