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Opinions March 17, 2016

March 17, 2016

Indiana Court of Appeals
KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels
49A02-1501-CT-42
Civil tort. Affirms denial of KS&E Sports’ motion for judgment on the pleadings against Dwayne Runnels. KS&E asserted immunity from suit arguing Runnels’ damages resulted from criminal misuse of a firearm by a third party.

Indiana Supreme Court hears lawmaker email case

March 17, 2016

Lawyers for an open government group told the Indiana Supreme Court that lawmakers should be required to comply with the state's public records act.

Barnes attorney worked with SCOTUS nominee on OKC bombing trials

March 17, 2016

When federal Judge Merrick Garland was tapped as the nominee for the Supreme Court of the United States, Indiana attorney Larry Mackey remembered his former boss as a “great guy.”

Supreme Court: Evidence sufficient for murder convictions

March 17, 2016

The Indiana Supreme Court upheld a man’s convictions of four counts of murder and four life sentences without parole after it found evidence was sufficient to justify his convictions. The case went straight from trial court to the Supreme Court because of the life without parole sentences.

Conour resentenced to 10 years, minus supervised release

March 16, 2016

A federal judge rejected ex-attorney and convicted fraudster William Conour’s bid to reduce his prison sentence Wednesday but lifted the condition of supervised release after he serves his time.

COA: Attorneys can rely upon representations of other attorneys

March 16, 2016

The Indiana Court of Appeals reaffirmed a two-decades-old Indiana Supreme Court ruling, saying attorneys are entitled to rely upon the representations of other attorneys when it ruled on a case where a company was charged a higher price for a piece of property than it should have been because of the price the property’s attorney gave to the company.

Opinions March 16, 2016

March 16, 2016

Indiana Court of Appeals
Edward P. Kramer v. Focus Realty Group, LLC, successor in interest to AES Restaurants, LLC
29A04-1508-PL-1089
Civil plenary. Affirms award of summary judgment in favor of Focus Realty Group for breach of contract after it paid $40,000 more than the correct purchase price. Kramer’s attorney had responded to a request by Focus’ attorney with a figure higher than the lease actually was.

IU Maurer makes leap in US News rankings

March 16, 2016

Indiana University Maurer School of Law jumped up nine places in the 2017 national law school rankings, the only Hoosier law school to make such a significant move in the latest list compiled by U.S. News & World Report.

Family court programs receive funding

March 16, 2016

Nineteen counties will split more than $225,000 for family court projects, the Indiana Supreme Court announced Wednesday.

Government seeking tougher sentence for Conour

March 16, 2016

Ex-attorney William Conour has argued he should be freed from his 10-year federal prison sentence, casting doubt in court filings on whether the multi-million-dollar fraud he pleaded guilty to was even a crime. The government counters that Conour’s lack of remorse justifies imposing a longer prison term when he is in court Wednesday for resentencing.

Second round of settlement money coming to IOLTA

March 16, 2016

Indiana’s IOLTA program is preparing to receive a multi-million dollar boost. The money is coming from a second round of funding released as part of the settlement agreement with the Bank of America as a penalty for financial fraud during the mortgage foreclosure crisis.

7th Circuit: Woman has no claim for tortious interference

March 16, 2016

The 7th Circuit Court of Appeals upheld an Indiana Southern District Court ruling throwing out a woman’s suit against her employer because she failed to state a claim for tortious interference under Indiana law.

Juror taint causes Supreme Court to reverse involuntary manslaughter convictions

March 16, 2016

The Indiana Supreme Court reversed a couple’s involuntary manslaughter convictions after it found an alternate juror improperly participated in the deliberations. The justices remanded the case to the trial court for a new trial.

Indiana gay rights groups say history is on their side

March 16, 2016

Indiana LGBT rights activists said Tuesday that history is on their side and they will continue pressing for statewide civil rights protections for gender identity and sexual orientation despite lawmakers' unwillingness to act during the recently adjourned legislative session.

Obama nominates Judge Merrick Garland to Supreme Court

March 16, 2016

President Barack Obama said Wednesday he would nominate appeals court judge Merrick Garland to the Supreme Court of the United States, urging Republicans to approve a long-time jurist and former prosecutor known as "one of America's sharpest legal minds.&quot

Think tank offers new path for law schools

March 15, 2016

A report released Tuesday from a San Francisco think tank has a simple message for law schools – innovate or die.

Supreme Court: COA erred in custody decision

March 15, 2016

The Indiana Supreme Court went against the Indiana Court of Appeals when it agreed with the trial court that a mother’s motions for custody modification and for contempt should be denied.

EEOC settles disability complaint against Subway franchisee

March 15, 2016

The operator of five Subway restaurants in the Indianapolis area has agreed to pay $50,000 to settle a discrimination suit brought by the U.S. Equal Employment Opportunity Commission.

COA: Firm has no private cause of action to gain back fees

March 15, 2016

The Indiana Court of Appeals reversed a decision that denied HealthPort’s motion for judgment against Garrison Law Firm LLC after it found Garrison did not have a private cause of action under Indiana law or Administrative Code.

Northern District case filings plummet, federal courts report shows

March 15, 2016

Case filings in the U.S. District Court for the Northern District of Indiana fell 43.9 percent between 2014 and 2015, according to statistics released Tuesday in the 2015 Judicial Business of the United States Courts report.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

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  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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