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Opinions June 29, 2016

Indiana Court of Appeals
Anonymous M.D. and Anonymous Hospital v. Kenneth Lockridge, on behalf of Lily Lockridge, Rose Lockridge, and Kenneth Lockridge, Jr., Minors
39A01-1509-CT-1498
Civil tort. Affirms ruling that a medical malpractice suit filed by minor children Lily, Rose and Kenneth Lockridge Jr. can proceed due to an exception in the Medical Malpractice Act, and the Act includes derivative lawsuits because the General Assembly did not exclude them when it drafted the legislation.

COA: Minors’ malpractice suit can continue

The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.

COA: Death during robbery is felony murder

The Indiana Court of Appeals found evidence was sufficient to uphold a robber’s conviction of felony murder after one of his accomplices was killed in a fight with a robbery victim.

Law firms’ March Against Hunger raises nearly $60,000

Law firms from around Indiana led the way in the Indiana State Bar Association’s annual March Against Hunger campaign, raising $59,408 in cash donations and 7,560 pounds of food to provide to the state’s 11 regional food banks.

Whitley County judge bound for Guantanamo

Whitley Superior Judge Douglas M. Fahl soon will be far from his courtroom in Columbia City. A major in the Indiana National Guard Judge Advocate General Corps, Fahl has been called to active duty and will be heading for a judicial post at Guantanamo Bay, Cuba.

7th Circuit affirms judgment for employee on ADA claim

The 7th Circuit Court of Appeals affirmed judgment for an employee who claimed the city of Anderson did not accommodate his disability when it fired him for not having a commercial driver’s license he could no longer get because of his diabetes.

VW settlement could return $66M to eligible Hoosiers

More than 6,600 Hoosiers who bought certain Volkswagens or Audis designed to defraud diesel emissions tests may receive cash compensation, have their cars bought back or their engines modified. Indiana Attorney General Greg Zoeller announced Tuesday that restitution for eligible Indiana consumers could reach $66 million.

COA: Couple proved adverse possession of land along fence

In a dispute between neighbors over a property line, the Indiana Court of Appeals agreed with the trial court that a Johnson County couple satisfied the elements needed to be successful in their adverse possession and quiet title counterclaim.

Opinions June 28, 2016

Indiana Supreme Court
In the Matter of Charles P. White
49S00-1203-DI-156
Attorney discipline. Suspends the former Indiana Secretary of State for at least two years without automatic reinstatement. Finds that Charlie White’s felony convictions of perjury, voting outside a precinct of residence and theft are violations of Indiana Professional Conduct Rules.

Judges reinstate woman’s legal malpractice claim

The Indiana Court of Appeals reversed the dismissal of a woman’s complaint against her attorney, finding the trial court improperly dismissed it pursuant to Indiana Trial Rule 12(B)(6).

COA: CVRA damages are distinct from punitive damages

The Indiana Court of Appeals affirmed a damages award pursuant to the Crime Victim Relief Act after the court found in its second hearing of a case that CVRA damages are distinct from common law punitive damages.

Justices affirm consecutive LWOP sentences

The Indiana Supreme Court until Tuesday had never directly addressed the issue of whether two sentences of life imprisonment without parole can be imposed consecutively under Indiana law. Justices decided today that I.C. 35-50-1-2(c) permits it.

Supreme Court extends Charlie White’s suspension

Former Indiana Secretary of State Charlie White may never be allowed to practice law again, the Indiana Supreme Court suggested Tuesday in extending his suspension another two years without automatic reinstatement.

Town council member sentenced to probation

A member of an eastern Indiana town’s council has been sentenced to probation after pleading guilty to misdemeanor disorderly conduct stemming from a domestic disturbance.

IndyCar case dismissed for lack of jurisdiction

The 7th Circuit Court of Appeals found a lack of subject matter jurisdiction in a case where one IndyCar team accused another of conspiring to steal its sponsor. The court found an amended complaint took the case out of federal court and remanded for dismissal.