State opposes IU’s bid to join suit challenging abortion law
Indiana's attorney general is opposing Indiana University's effort to join a federal lawsuit that seeks to block a new state law mandating that aborted fetuses be buried or cremated.
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Reality show leads to departures at southern Indiana jail
A southern Indiana sheriff says five corrections officers have been fired and four have resigned over the past five months, mostly as a result of a reality show.
‘Abusive litigant’ loses appeal for damages
The Indiana Court of Appeals denied a prolific litigant’s attempt to get more than $30,000 in damages after he claimed a printer he purchased online for less than $75 did not work and then sued for thousands of dollars in damages.
Ex-attorney from Richmond avoids jail for bilking clients
A former Richmond attorney will not spend any time in jail despite pleading guilty to eight felony theft charges of taking money from clients but never filing their bankruptcy petitions.
Felon firearm possession charge affirmed on appeal
An Indianapolis man convicted of possession of a firearm by a serious violent felon failed to persuade the Indiana Court of Appeals that the search that led to discovery of the gun wasn’t supported by reasonable suspicion.
Man loses home damage appeal that blamed neighbor’s watering
A man whose Monroe County home was lost to mold contamination lost his appeal of a jury verdict in favor of his neighbor. The homeowner had claimed his neighbor’s excessive watering of her lawn caused water damage to the basement of his home.
Opinions — May 20, 2016
Indiana Tax Court
Miller Pipeline Corporation v. Indiana Department of State Revenue
49T10-1012-TA-00064.
Tax. Remands six out of 11 issues Miller pipeline claimed after Miller appealed the Department of Revenue’s denial of Miller’s claim for refund of sales and use taxes remitted for the 2006 and 2007 tax years.
COA: Lack of warning signs reinstates suit in fatal crash
The Indiana Court of Appeals found the Hancock County Board of Commissioners was not liable for the way an intersection was designed but found there was an issue of material fact as to whether the county should have installed warning signs there. A man was killed at the intersection in 2009 in a crash with another vehicle, triggering a lawsuit.
States ban kratom supplement over abuse worries
Kratom, a little-known plant-based substance often sold as an herbal supplement to address chronic pain, is raising alarm bells in states concerned that it could be as addictive as heroin.
Newborn blood sample case appealed to Indiana’s high court
An Indiana couple seeking the destruction of millions of newborn blood samples stored in a state warehouse is appealing their case to the Indiana Supreme Court. The couple’s attorney filed a petition Thursday asking the state high court to take up the case.
Tax court adjusts sales, use taxes for contractor
The Indiana Tax Court reversed some issues and affirmed others related to Miller Pipeline’s claim of refund of sales and use taxes remitted for the 2006 and 2007 tax years, ruling the contractor overpaid by tens of thousands of dollars.
Supreme Court rehearing sought in lawmaker email fight
The battle over legislators’ emails continues as the groups fighting to make public the correspondence between a Republican Representative and lobbyists filed for a rehearing with the Indiana Supreme Court.
Opinions — May 18, 2016
Indiana Supreme Court
In the matter of: Elton D. Johnson
71S00-1408-DI-544
Discipline. Disbars Johnson after he committed attorney misconduct by providing incompetent representation, converting client funds and failing to cooperate with the disciplinary process. Johnson violated 13 different Indiana Professional Conduct Rules as well as three Indiana Admission and Discipline Rules.
COA: Worker’s comp board may overrule medical examiner
The Indiana Court of Appeals affirmed a Worker’s Compensation Board decision that a man did not sustain a cervical injury as a result of a workplace accident. The board was not required to follow treatment recommendations of an independent medical examiner who saw the man after his employer notified him of its intent to terminate temporary total disability benefits.
Handcuff injury claim against Alexandria officers proceeds
A man who claims he was injured after he asked Alexandria police not to handcuff him during a compliant arrest because he’d had recent rotator cuff surgery that limited his shoulder mobility may proceed with a federal lawsuit against the officers, a judge ruled Wednesday.
Ex-prosecutor Brizzi faces disciplinary complaint
The Indiana Supreme Court Disciplinary Commission is recommending former Marion County Prosecutor Carl J. Brizzi III be punished for “a pattern of misconduct” that occurred during his time in office.
COA: Mother’s rights not violated by reasonable efforts order
The Indiana Court of Appeals ruled an order that reasonable efforts to reunify a mother and her daughter were not necessary did not violate her rights under the Americans with Disabilities Act or the Rehabilitation Act and affirmed judgment of the trial court.
COA upholds contempt charges in video conference
The Indiana Court of Appeals upheld a man’s contempt of court charges after it found just because a man was on video didn’t mean he couldn’t commit contempt, and the evidence was enough to uphold the charges.
Groups want rehearing in lawmaker email case
Consumer advocacy groups and professional journalism organizations are asking the Indiana Supreme Court to reconsider a recent decision allowing lawmakers to withhold emails requested under the state’s public records law.
Justices back company seeking legal fees from government
The Supreme Court has ruled in favor of an Iowa trucking company that was trying to recover $4.7 million in legal fees from the Equal Employment Opportunity Commission after a class action lawsuit against the company was thrown out.