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Court orders portion of roof removed due to trespass

February 5, 2016

The Indiana Court of Appeals affirmed a jury verdict in a trespass and negligence lawsuit brought in a dispute over water draining from a housing development into neighboring property. In doing so, the judges ordered part of a roof to come down due to trespass.

Ex-Gov. Whitcomb, lawyer, POW, adventurer, dies at 98

February 5, 2016

Former Indiana Gov. Edgar Whitcomb, who escaped from a Japanese prisoner camp by swimming overnight during World War II and then made an around-the-world solo sailing trip while in his 70s, has died at age 98.

Nightingale Home Healthcare sues state, feds alleging discrimination

February 5, 2016

Carmel-based Nightingale Home Healthcare Inc. said Friday it has filed a lawsuit against state and federal officials after Medicare sought to stop payments to the firm for allegedly putting patients in “immediate jeopardy.”

Opinions Feb. 4, 2016

February 4, 2016

Indiana Court of Appeals
State of Indiana v. Chad T. Mooney, Brittany McCool
82A04-1505-CR-266
Criminal. Affirms denial of the state’s motions for relief from judgment regarding the trial court’s orders permitting Mooney and McCool’s driving privileges to be reinstated without proof of future financial responsibility. The state has not established prima facie error in the trial court’s denial of its motions for relief from judgment. 

Judges affirm co-defendants’ robbery convictions

February 4, 2016

Two men convicted of robbing a West Lafayette money lending store could not persuade the Indiana Court of Appeals to reverse their convictions.

Plaintiff failed to prove injury caused by crane lessor

February 4, 2016

A man severely injured at work by a crane failed to prove that a company breached a duty to inspect a certain part of a crane before delivering it to the renter for use, and that the alleged breach was the proximate cause of the injury, the 7th Circuit Court of Appeals ruled Wednesday.

Indiana co-authors amicus brief in Texas abortion clinic case

February 4, 2016

Indiana and Ohio have authored an amicus brief filed Wednesday in a case before the Supreme Court of the United States asking it to uphold Texas’ abortion clinic surgical standards.

Rush to lead new task force on access to electronic court records

February 4, 2016

It’s time for best practices and policies on Internet access to court records to be developed, the Indiana Supreme Court said Thursday in an order about the creation of an advisory task force on remote access to and privacy of electronic court records.

Federal court rejects convicted financier’s sentence appeal

February 4, 2016

A federal appeals court has rejected a former Indianapolis businessman's bid to shorten his 50-year sentence for defrauding investors of $200 million.

COA rejects BMV’s request for relief from judgment

February 4, 2016

The state of Indiana did not establish prima facie error in the trial court’s denial of its motions for relief from judgment in two cases in which the lower court ordered the reinstatement of drivers’ licenses without proof of future financial responsibility, the Court of Appeals held Thursday.

Exonerated Gary man readjusts to life outside of prison

February 4, 2016

A 47-year-old Gary man is readjusting to life outside of prison after he spent nearly 24 years behind bars for robbery and murder convictions that were overturned in appeal.

Suit by man accused of killing Indianapolis officer tossed

February 4, 2016

A federal judge in Indianapolis has thrown out a $2.3 million lawsuit filed by a man charged in the killing of a police officer. Among the defendants named in the suit is the officer he allegedly killed.

Lawmakers pass bills to give pharmacists discretion

February 4, 2016

Indiana lawmakers passed similar, competing bills Wednesday aimed at giving pharmacists the ability to prevent methamphetamine cooks from buying pseudoephedrine, a common ingredient in the illegal drug.

Senate bets on fantasy sports, sends regulatory bill to House

February 4, 2016

Legislation that would regulate commercial fantasy sports games and clarify that they are legal passed the Senate on Wednesday and is headed to the House for consideration.

Opinions Feb. 3, 2016

February 3, 2016

Indiana Court of Appeals
Brenda Hall v. Dallman Contractors, LLC, Shook LLC, and AT&T Services, Inc.
49A02-1502-CT-67
Civil tort. Affirms summary judgment in favor of AT&T Services Inc. on Hall’s negligence action against the company. It is barred by the exclusive remedies provision of the Worker’s Compensation Act because Hall has already received a workers’ compensation settlement from Ameritech, her employer, which, like AT&T Services Inc., is a subsidiary of AT&T Inc.

Led Zeppelin members deposed in ‘Stairway to Heaven’ lawsuit

February 3, 2016

The surviving members of Led Zeppelin have all been questioned in a lawsuit that alleges their hit "Stairway to Heaven" was filched from an obscure song by the band Spirit. Jimmy Page, John Paul Jones, and Robert Plant were each deposed separately over the past month as part of pretrial discovery in the copyright infringement case, new filings in Los Angeles federal court show.

COA affirms negligence action barred against woman’s employer

February 3, 2016

An employee who received workers’ compensation benefits for her injury on work property is barred by the Workers’ Compensation Act from filing a negligence lawsuit against her employer and its subsidiaries, the Indiana Court of Appeals affirmed Wednesday.

Cosby lawyer says comedian was assured he was in the clear

February 3, 2016

Bill Cosby's top legal adviser said Wednesday that he never would have let the comedian testify in a 2005 lawsuit if he thought Cosby could still face sexual assault charges in the matter.

New Southern District magistrate sworn in

February 3, 2016

Matthew P. Brookman was sworn in Monday as the newest magistrate judge in the U.S. District Court for the Southern District of Indiana. He is filling the vacancy created by the retirement of Magistrate Judge William G. Hussmann, whose last day was Friday.

Judge in power plant body case once represented suspect

February 3, 2016

A southwestern Indiana judge who will preside over the murder trial of a man accused in a killing at a power plant has told attorneys that he once represented the suspect in an unrelated case.

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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

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Firing squad, gas execution methods move out of Indiana House committee

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • 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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