7th Circuit seeks public comment on civil jury instructions
The 7th Circuit Pattern Jury Instruction Committee has released revised pattern Section 1983 civil jury instructions which will be available for comment through Friday.
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Indiana Supreme Court accepts 1 case on transfer
The Indiana Supreme Court granted transfer in one case last week that it decided Friday, unanimously denying the 12 others that were up for transfer.
Supreme Court clarifies employment discrimination case
The Indiana Supreme Court clarified an employment discrimination case Friday afternoon in one of the last opinions written by retiring Justice Brent Dickson. The decision explained when summary judgment should be used and what courts should be looking for when deciding such cases, ultimately affirming the Court of Appeals.
Indiana Lawyer wins 3 ‘Best in Indiana’ journalism awards
Indiana Lawyer won three awards at the Society of Professional Journalists' Best in Indiana competition Friday night, including a first place award for coverage on its 2015 Practicing Law in Indiana survey.
COA: Federal statute supersedes state one
The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.
Opinions April 22, 2016
Indiana Court of Appeals
Kennedy Tank & Mfg. Co., Inc.; and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert International
49A02-1507-CT-934
Civil tort. Reverses denial of Kennedy Tank Manufacturing’s motion to dismiss the lawsuit brought against it by Emmert International. The Indiana statute of limitation the trial court relied on is preempted by a federal statute with a shorter limitations period, and Emmert did not bring the lawsuit within that period.
3 reappointed to Supreme Court Disciplinary Commission
The Indiana Supreme Court reappointed three members to its disciplinary commission Thursday. Nancy L. Cross, Andrielle M. Metzel and Trent A. McCain’s terms were scheduled to expire June 30, and will now serve another five-year term.
Indianapolis man gets 4 life sentences in quadruple killing
An Indianapolis man has been sentenced to four consecutive life terms after his February guilty plea to four drug-related killings spared him a possible death sentence.
COA: Time expired in bringing criminal trial
The Indiana Court of Appeals reversed a man’s felony and misdemeanor charges after it found the state did not bring him to trial within a 365-day time period.
FBI head suggests agency paid more than $1M to access iPhone
FBI Director James Comey hinted at an event in London on Thursday that the FBI paid more than $1 million to break into the locked iPhone used by one of the San Bernardino attackers.
Ex-lawyer who lied to lenders in Maxim deal gets prison time
A former lawyer at Bryan Cave LLP was sentenced to six months in prison for lying to lenders as part of a failed scheme to buy Maxim Magazine through impersonation, a false email and stolen money.
China: Can’t sue Cabinet-level agency over Chinese drywall
China's Ministry of Justice has sent back a lawsuit in which thousands of U.S. homeowners in six states say a Cabinet-level agency should pay for damage to their homes from defective drywall made in China.
Uber drivers’ $100M deal may set pace for gig economy
Uber Technologies Inc. resolved the biggest threat to its business by settling with California drivers suing to be treated more like traditional employees, a move that could have broad-ranging implications for companies across the sharing economy.
Justices find man did not waive his right to jury trial
The Indiana Supreme Court reversed and remanded a man’s conviction for Class D felony domestic battery after it found his silence did not constitute a waiver to right of trial by jury.
Former Indianapolis coach faces 10 years to life in prison
A former Indianapolis high school boys' basketball coach faces 10 years to life in prison if convicted of trying to entice a 15-year-old student to have sex with him.
Republican Senate effort again fails to block water rule
Democrats have again blocked a Republican proposal that would have forced the Obama administration to withdraw a federal rule to protect small streams and wetlands from development and pollution.
Sued company should get attorney fees, COA rules
The Indiana Court of Appeals ruled a company that dropped a lawsuit against another for breach of warranty must still pay attorney fees of the company they sued.
COA majority: Conditional language is still a threat
The Indiana Court of Appeals affirmed a man’s conviction for Class A misdemeanor intimidation in a 2-1 decision after it found the conditional language he used in the threat placed his victim in danger of retaliation for a lawful act.
Opinions April 21, 2016
Indiana Supreme Court
Adam Horton v. State of Indiana
79S02-1510-CR-628
Criminal. Reverses Adam Horton’s conviction of Class D felony domestic battery after the court found Horton did not waive his right to jury trial on the charge. Remands for a new trial. The failure to confirm his person waiver before proceeding to a bench trial was fundamental error.
VW reaches outline agreement with US to overcome crisis
Volkswagen AG agreed to fix or buy back about 500,000 tainted cars in the U.S., taking a significant step forward in its effort to emerge from the emissions-cheating scandal.