Cinemark attorneys want victims to pay $700K in legal fees
Attorneys for Cinemark want victims of a 2012 shooting at a Colorado movie theater to pay nearly $700,000 in legal fees after they unsuccessfully sued the theater chain.
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Appeals court nixes $7.25B credit card swipe fee settlement
A $7.25 billion settlement between merchants and Visa Inc. and MasterCard Inc. over credit card transaction fees was rejected Thursday by a federal appeals court, a ruling praised by a retail trade association as a victory for consumers.
Judge: Indiana’s parenthood statutes violate constitutional rights of same-sex couples
Indiana married same-sex couples have won the right to both be listed as parents on their children’s birth certificates.
COA majority rules dog sniff did not prolong stop
The Indiana Court of Appeals reversed a woman’s motion to suppress evidence found at a traffic stop in a 2-1 decision after the court ruled the stop was not extended by an officer’s check of the car with his dog.
Opinions June 30, 2016
Indiana Court of Appeals
Keyaunna Hurley v. State of Indiana
49A05-1601-CR-108
Criminal. Rules Keyaunna Hurley’s inability to give a sufficient sample on a chemical breath test after she was suspected of driving under the influence was a refusal to take the test under section 2-4-2(b)(5) of Title 260 of the Indiana Administrative Code and the evidence was sufficient to sustain the refusal determination.
Evidence found during arrest for public intox is admissible, COA rules
The Indiana Court of Appeals upheld a man’s misdemeanor cocaine possession conviction after it held the search an officer conducted after finding the man asleep in his car did not violate his Fourth Amendment rights and thus the trial court did not abuse its discretion by admitting the cocaine found during the search.
Judge blocks Indiana abortion law
A federal judge has issued a preliminary injunction blocking Indiana’s restrictive new abortion law from taking effect Friday.
Majority: 2 shoplifting charges not RICO violations
The Indiana Court of Appeals ruled in a split decision the state went too far when it convicted a man who committed two acts of shoplifting under the state’s Racketeer Influenced and Corrupt Organizations Act and reversed his conviction for corrupt business influence.
COA: Failure to give breath test sample was refusal to take test
The Indiana Court of Appeals affirmed a woman refused a chemical breath test, noting the officer giving the test followed all the proper procedures and was within his rights to determine she refused the test after she failed to give a valid sample three times.
Supreme Court hears arguments in threat case
The Indiana Supreme Court heard arguments Thursday morning on whether to grant transfer in a case on the question of whether an arrestee’s statement could be considered a true threat because there is no evidence that the officer felt threatened by it.
State vaping law survives federal challenge
A federal judge on Thursday upheld as constitutional a controversial state law that regulates the manufacturing of vaping “e-liquids.”
Judge approves settlement in ‘Happy Birthday’ copyright case
A judge has approved a settlement that will put "Happy Birthday to You" in the public domain.
Lawyers crowdfunding for UK legal action
U.K. attorneys have raised more than 10,000 pounds ($13,000) to fund the opening salvo in what may be a multifaceted legal fight over the ins and outs of how Britain leaves the European Union.
Women sue Beech Grove after city blocked Facebook activity
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of two women against the city of Beech Grove after the city removed comments the two women wrote on Facebook posts the city and police department had made.
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.
Indiana man gets 3 years for bomb threat to avoid court
An Anderson man has been sentenced to three years in prison for phoning a bomb threat to the Madison County Clerk's office last month to avoid a court hearing.
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.