Indiana Court Decisions – April 13-26, 2016
Read recent appellate decisions involving Indiana cases.
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Jones: Examining the evolution of hospitals’ vicarious liability
The evolution of legal precedent regarding vicarious liability claims has left hospitals shifting in their seats.
Lawyer turns ‘crisis’ into ‘dream’ with album made with pros
Craig Helmreich says he couldn’t have planned his midlife crisis any better.
DTCI: A protracted push and pull
The Indiana Supreme Court’s history with asbestos litigation and its statute of repose.
Neutral Corner: Recent appellate case raises mediation issues
The recent Indiana Court of Appeals decision Jonas v. State Farm Life Ins. Co., ____N.E. 3d ______, 2016 WL 1248589 (Ind. Ct. App. 2016) highlights several issues concerning mediation and settlement in both state and federal courts.
Undocumented immigrant issues left unanswered
A recent Indiana Court of Appeals decision didn’t provide the guidance one attorney had hoped from the court regarding injured undocumented workers. But the judges did decide that the worker’s immigration status is important in his lawsuit.
Immigration debate returns to Statehouse
A special Senate committee is looking at undocumented Hoosiers and stirs up some controversy in the process.
US Supreme Court ruling affirms class waivers in arbitration clauses
In today’s marketplace, consumers have a choice when purchasing such things as cellphones, banking services and even medical procedures. Sign the contract and get the product. Don’t sign the contract and don’t get the product.
Dean’s Desk: New faculty continue legacy of legal scholarship
Inspired and challenged by the school's awesome legacy, IU Maurer has been fortunate to recruit some of the most promising rising stars in legal education today, all of whom are classroom standouts as well.
Fee shifts an issue for court reporters
In certain situations, Tom Richardson will watch two attorneys in a deposition and will know one is going to get stuck with a bigger bill for the same service.
Keyes: An alternative alternative dispute resolution process
The components of structured negotiation are not new; people resolve problems every day without resorting to litigation. But now the process has been better defined, refined and expanded.
Bluebook: Here to stay, but lawyers don’t have to like it
A valuable way to standardize citations and make court cases and sources easier to find, or “560 pages of rubbish” as 7th Circuit Judge Richard Posner said in a recent article for the Green Bag? That’s been the debate over The Bluebook: A Uniform System of Citation for several years.
Funding, use of ADR in family law cases varies in courts around state
Rensselaer lawyer Samantha Joslyn has handled family law cases filed at the Jasper County courthouse and in several surrounding counties in northwest Indiana. She said whether those cases will be mediated depends in large part on the court where the case is filed.
Evansville Judge Kiely honored with freedom award
Vanderburgh Circuit Judge David Kiely was honored April 29 by his colleagues on the bench and bar for his work helping to expand problem-solving courts and establish special programs for offenders.
Opinions May 2, 2016
Indiana Tax Court
The following opinion was issued after IL deadline Friday.
Hamilton Southeastern Utilities v Indiana State Department of Revenue
49T10-1210-TA-00068.
Tax. Grants summary judgment to Hamilton Southeastern on challenge that the company’s connection fees are not subject to utility rate tax. The company separated its fees from its taxable receipts on its return.
In a divorce, who gets to keep the family dog?
Rudy is a 9-year-old German shorthaired pointer with a regal personality and loving owners who are divorced. The humans in his life agreed to a shared-custody arrangement: Every two weeks, Rudy goes back and forth between their two homes in western Massachusetts.
Gilead judge re-opens case amid claim Merck scientist lied
A federal judge re-opened Merck & Co.’s patent case against Gilead Sciences Inc. over a hepatitis C drug amid claims that an ex-Merck scientist lied to a jury that awarded the company $200 million in damages.
Developer Alig avoids prison time with plea deal
A prominent Indianapolis developer who pleaded guilty to one count of theft and one count of securities fraud received a four-year suspended sentence Monday morning and was ordered to repay victims $321,000.
Supreme Court won’t review appeal from POM juices
The U.S. Supreme Court is leaving in place a court ruling that found advertising claims of the health benefits of POM Wonderful juices were deceptive.
Southwestern Indiana county’s tactic targets youth gun cases
Juvenile court officials in one southwestern Indiana county are overhauling their probation services to address a rapidly growing number of gun-related crimes among youths.