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Opinions Feb. 12, 2016

February 12, 2016

Indiana Court of Appeals
David J. and Susan L. MacFadyen v. City of Angola, City of Angola Plan Commission, and Trine University, Inc.

17A03-1506-CT-556
Civil tort. Affirms decision by the Angola Plan Commission to vacate a portion of an alley on Trine University property near the MacFadyens’ property. The MacFadyens did not show they were aggrieved by the vacation.

2 former day care workers ordered to pay $2.3M in boy’s death

February 12, 2016

Two former workers at a suburban Indianapolis day care where a 5-month-old boy died in 2013 have been order to pay the child's parents more than $2.3 million.

Party not aggrieved by vacation of alley by university

February 12, 2016

The Indiana Court of Appeals upheld the decision by the Angola Plan Commission to vacate a portion of an alley on Trine University property, finding property owners were not aggrieved by the vacation.

First fellowship symposium on consumer law Feb. 19 at IU McKinney

February 12, 2016

The inaugural Cohen & Malad LLP Consumer Law Fellowship Symposium will be held at Indiana University Robert H. McKinney School of Law Feb. 19. Third-year law student Justin McGiffen is the first student to participate in the fellowship created in 2013.

Witness: Indianapolis man promised $10K for home explosion

February 12, 2016

An Indianapolis woman said she asked her then-boyfriend's half-brother what he had done when she learned the fire they planned to ignite using natural gas had triggered an explosion that killed two neighbors and destroyed or damaged more than 80 homes.

Judge cuts sentence of 4th member of Elkhart 4 to 10 years

February 12, 2016

A judge has reduced to 10 years the sentence of a northern Indiana man convicted of felony murder in a home break-in after the Indiana Supreme Court threw out the murder convictions of three co-defendants.

Apartment residents sue over broken elevator

February 11, 2016

The owners of an apartment complex who took nearly two months to repair a broken elevator, leaving residents with disabilities essentially stranded in their apartments, have been sued over the summer 2015 incident.

Fantasy sports companies defend embattled industry

February 11, 2016

Fantasy sports sites say their contests aren't gambling because a player's skill level is more of a factor than chance in determining success, but some states have declared them gambling games and either banned them outright or required operators to get gambling licenses.

IU students offer free tax assistance

February 11, 2016

Students with Indiana University Maurer School of Law and the Kelley School of Business will assist local taxpayers with free tax preparation help during February and March.

Zoeller testifies at US House panel on small loan regulation

February 11, 2016

Indiana Attorney General Greg Zoeller testified before the U.S. House Subcommittee on Financial Institutions and Consumer Credit Thursday in opposition to new rules proposed by the Consumer Financial Protection Bureau that would preempt state authority to regulate small loan lending and consumer access to credit.

Indiana justices hear appeal of man convicted of killing 4

February 11, 2016

The attorney for a southern Indiana man appealing his quadruple murder conviction told the Indiana Supreme Court that circumstantial evidence linking him to that crime doesn't prove beyond a reasonable doubt he was the killer.

Judge tells lawyers to fight GM instead of each other

February 11, 2016

The judge overseeing lawsuits against General Motors Co. over a lethal ignition-switch defect denied a bid to remove the lead attorney for the injury and death cases, telling the lawyers to stop arguing with each other.

7 innocent people spend time in Indiana jail for new TV show

February 11, 2016

Seven innocent civilians agreed to spend two months in an Indiana jail and have their experiences filmed for an A&E Network series, "60 Days In," that will air starting next month.

East Chicago looks at video attendance for jailed councilman

February 11, 2016

The city of East Chicago is looking into whether a City Council member jailed on allegations of drug crimes and a homicide could attend meetings by video.

Justice Department enters Ferguson court case in strong position

February 11, 2016

The Justice Department enters its court fight against the city of Ferguson with the apparent upper hand, given a months-long investigation that found vast problems in the way police and courts treat poor people and minorities in the St. Louis suburb.

Justice Department enters Ferguson court case in strong position

February 11, 2016

The Justice Department enters its court fight against the city of Ferguson with the apparent upper hand, given a months-long investigation that found vast problems in the way police and courts treat poor people and minorities in the St. Louis suburb.

Senate panel plans changes to limits in police video bill

February 11, 2016

An Indiana Senate committee is considering an overhaul of a bill that would give Indiana police departments broad authority to withhold body camera video amid opposition from open-government advocates.

Complaint alleges misappropriation of civil forfeiture proceeds

February 10, 2016

Charging Indianapolis law enforcement is illegally keeping millions of dollars from civil forfeitures, a national legal organization filed a complaint Wednesday in Marion Superior Court to stop the flow of proceeds into city coffers.

Opinions Feb. 10, 2016

February 10, 2016

Indiana Court of Appeals
Thomas A. Ambrose II v. Dalton Construction, Inc.

29A02-1407-CC-479
Civil collection. Clarifies on rehearing that there is a statutory requirement that modifications to a home improvement contract must be in writing, notwithstanding the language in Sees v. Bank One, Ind., N.A., 839, N.E.2d 154, 161 (Ind. 2005). But this does not change the result of the case and affirms denial of Ambrose’s motion for summary judgment and the entry of final judgment in favor of Dalton Construction on its complaint to foreclose a mechanic’s lien.

Appeals court clarifies home improvement contract ruling

February 10, 2016

The Indiana Court of Appeals granted a homeowner’s request for rehearing, but reaffirmed that he is not entitled to summary judgment over the installation of a pool in an allegedly incorrect location.

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In This Issue

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