IndyCar sues organizers of canceled Boston race
IndyCar has filed a breach-of-contract lawsuit against the organizers of the canceled Grand Prix of Boston, which had been planned for Labor Day weekend this year and again each year through 2020.
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IBM contests judge’s removal petition in welfare-privatization suit
The state’s petition to remove a trial court judge who oversaw the civil lawsuit over the canceled $1.3 billion contract with IBM to overhaul Indiana’s welfare system is “factually incorrect,” according to an attorney representing IBM.
Senate report: Illegal immigration costs state $131M
Indiana lawmakers studying the issue of illegal immigration in the state will view a report Wednesday that finds undocumented people will cost the state’s taxpayers $130.7 million this year.
Cosby lawyers outline defense as case heads to trial
Bill Cosby's lawyers gave a blistering preview of the questions the actor's accuser will face at trial, as a judge refused to dismiss the sex-assault case at a preliminary hearing.
Indiana University to file new suit against abortion law
Indiana University intends to sue to try and block a new state law mandating that aborted fetuses be buried or cremated after a federal judge blocked its bid to join an existing lawsuit, a spokeswoman said Tuesday.
Judge: Substantial progress in Volkswagen emissions talks
Volkswagen and attorneys for vehicle owners affected by the company's emissions cheating scandal are on target to meet a June deadline for a final settlement proposal, a federal judge said Tuesday.
GOP governors ask FCC to address illegal prison cellphones
Ten Republican governors, including Indiana Gov. Mike Pence, want the Federal Communications Commission to give states more autonomy to apply technology that can stop prison inmates from using smuggled cellphones.
Attorneys for death row inmate seek more time for appeal
Attorneys for a Gary man sentenced to death for killing his wife and two teenage stepchildren have asked a magistrate to give him more time to sign a document needed for the case to be reviewed.
Opinions May 24, 2016
Indiana Court of Appeals
Tresa Megenity v. David Dunn
22A04-1506-CT-722
Civil tort. Reverses and remands summary judgment for David Dunn after the majority ruled Dunn’s kick while Tresa Megenity was holding a bag during a karate drill constituted an issue of material fact. The COA ruled the type of kick Dunn did may not have been normal activity for the drill the two were involved in at the time. Judge Patricia Riley dissented, saying the majority ruled too narrowly. She thought the kick was normal behavior in the sport of karate itself and would have ruled to uphold summary judgment.
Judge faces Supreme Court removal petition in State v. IBM case
Petitions filed Monday with the Indiana Supreme Court argue a Marion County judge defied a Supreme Court order and overstepped his authority in ruling on remand that the state could prove no damages from its canceled $1.3 billion welfare-privatization contract with IBM.
Divided COA rules karate kick is an issue of material fact
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
Breyer says US Supreme Court not diminished with only 8 members
Justice Stephen Breyer said Monday that the Supreme Court of the United States has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.
Property manager not liable in drunken driving crash, COA holds
The Indiana Court of Appeals ruled the property management company of a Camby bar has no duty of care to a woman who was seriously injured in a car accident in which she and the driver were intoxicated.
Officer cleared in black man’s death, prosecutor criticized
After two trials and no convictions, Baltimore's top prosecutor faces criticism that she moved too quickly to file charges against six officers in the case involving a 25-year-old black man who died a week after he was critically injured in police custody, triggering protests and riots a year ago.
Court of Appeals hears woman’s appeal of feticide conviction
Indiana appeals court judges grilled an attorney for the state Monday over whether there was evidence a woman found guilty of neglect and feticide in a self-induced abortion knew she had given birth to a live child.
COA divided over general contractor’s duty to provide safe workplace
The Indiana Court of Appeals voted 2-1 Monday to affirm summary judgment in favor of the general contractor of a Lafayette Gander Mountain project where a subcontractor’s employee was injured. The majority concluded the general contractor did not have a non-delegable contractual duty toward the injured worker.
COA deals blow to AG’s foreclosure lawyer consumer suit
An effectively disbarred Florida attorney whose company hired Indiana lawyers to represent people in foreclosures must face a consumer lawsuit brought by the Indiana Attorney General’s Office, but her company is largely exempted, the Indiana Court of Appeals ruled Monday.
Opinions May 23, 2016
Indiana Court of Appeals
Douglas Costella and Profit Search Inc. v. Gersh Zavodnik
49A04-1504-PL-163.
Civil plenary. Reverses and remands summary judgment for Gersh Zavodnik for $30,044.07 after Court of Appeals ruled Zavodnik abused Trial Court Rule 36(B) which governs the withdrawal of admissions, using it for his own gain. Remands for trial court to determine whether case should be dismissed because of Trial Rule 41(E) which provides for dismissal when a plaintiff does not diligently prosecute a case or comply with court rules.
Molest conviction affirmed; habitual offender waiver remanded
The Indiana Court of Appeals found a counsel’s mistake did not constitute judicial admission in a man’s trial when he was found guilty of molesting his stepdaughter. But the appeals court remanded his guilty plea for being a habitual offender, finding he did not waive his right to trial on the issue at court, his attorney did.
Tom Brady to appeal ‘Deflatgate’ suspension again
Tom Brady will appeal his four-game suspension by the NFL, seeking a second hearing before a circuit court.