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DraftKings asks Illinois court to call fantasy sports legal

December 28, 2015

DraftKings Inc., one of the two main providers of daily fantasy sports games in the U.S., asked an Illinois court to overturn a finding by the state’s attorney general that the games are illegal gambling.

Bill would allow recovery of attorney fees in all wrongful death actions

December 28, 2015

A northern Indiana senator has introduced legislation to amend Indiana’s wrongful death statute to allow for surviving families to collect attorney fees.

Opinions Dec. 28, 2015

December 28, 2015

Indiana Court of Appeals
Douglas L. Krasnoff v. The Education Resources Institute
49A04-1501-CC-3
Civil collection. On rehearing, reaffirms original opinion that affirmed judgment the trial court in favor of The Education Resources Institute. Clarifies Krasnoff’s liability may be repaid to TERI Loan Holdings as the post-bankruptcy successor in interest and that any additional claims seeking a second judgment on a promissory note would be barred by the doctrine of res judicata.  

COA on rehearing clarifies where to send payment

December 28, 2015

The Indiana Court of Appeals Monday rejected arguments that its prior decision regarding a student-loan debt owed to a bankrupt note-holder caused confusion as to who was owed and left the debtor open to the possibility of multiple judgments.

Reversal: BMV must report driver’s expunged OWI conviction

December 28, 2015

A trial court erred in prohibiting the Bureau of Motor Vehicles from reporting the operating while intoxicated conviction of a driver who had his criminal record expunged.

Poverty calculation causes Indiana Legal Services’ funding to drop

December 28, 2015

Although Legal Services Corp. will receive a $10 million bump in funding for fiscal year 2016, Indiana Legal Services will see its appropriation from the national organization decrease.

Tippecanoe program aims to break cycle of incarceration

December 28, 2015

To stem the cycle of release and reincarceration and prevent people from committing new crimes when they leave jail, Tippecanoe County Jail is expanding mental health services and launching a program designed to help inmates develop healthy support networks in the community.

6 counties next in line for trial court e-filing

December 28, 2015

Six Indiana counties — Clark, Harrison, Henry, St. Joseph, Shelby and Wells — will be joining Hamilton County in implementing e-filing in the trial courts during the first half of 2016, with more to come later.

Indiana courts push ahead with shift to e-filing

December 28, 2015

Indiana's top courts are pushing ahead with adopting an electronic-filing system that state officials say will eventually give the public free access to online court records statewide.

Lender discrimination may be pushing black churches into bankruptcy

December 24, 2015

A long line of research shows that black consumers pay higher rates for credit, including mortgages and car loans. A new study by an Indiana University Maurer School of Law professor suggests the same kind of financial discrimination may apply to black churches.

Justices take intoxicated motorist case that divided COA

December 24, 2015

The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.

Merry Christmas!

December 24, 2015

Indiana Lawyer will not be published Friday, Dec. 25 in observance of the Christmas holiday. Have a merry and safe holiday!

Planned Parenthood shooting case stalls for mental exam

December 24, 2015

The case against the man who acknowledges killing three people in an attack on a Colorado Planned Parenthood clinic moves into a new phase while he awaits a mental competency evaluation, ordered after he defiantly told a judge he wanted to fire his public defender and represent himself.

Rolling Stone urges court to throw out UVa grads’ lawsuit

December 24, 2015

Rolling Stone magazine is urging a judge to throw out a lawsuit filed by three former fraternity members at the University of Virginia who claim they suffered humiliation and emotional distress because of the magazine's debunked article about a campus gang rape.

Pence may argue charity can’t represent Syrian refugees

December 24, 2015

Indiana Gov. Mike Pence may argue the Indianapolis charity that sued him for attempting to suspend its federal government-approved resettlement of Syrian refugees has “a lack of any valid right of action or standing to assert the rights of refugees,” court filings show.

7th Circuit rejects Conour’s bid to remove judge

December 24, 2015

Convicted fraudster and former Indianapolis attorney William Conour won’t get to represent himself for now, nor will he succeed in getting the federal judge he claims is biased thrown off his case.

Indiana attorney in adoption controversy resigns amid probe

December 23, 2015

An attorney who handled a contentious adoption case involving a New Jersey man who adopted twin girls born in Indianapolis to a surrogate mother has resigned his law license amid a disciplinary investigation.

COA reaffirms reversal of molest convictions for vouching

December 23, 2015

The Indiana Court of Appeals clarified its position on rehearing Wednesday in the reversal of child molesting convictions that the state “vigorously argues” were erroneously ruled reversible error.

Opinions Dec. 23, 2015

December 23, 2015

Indiana Court of Appeals
Raymond Kerr v. City of South Bend
71A03-1502-CT-49
Civil tort. Affirms in part and reverses in part summary judgment for the city on Kerr’s complaint alleging that noxious gases from its sewer lines had been forced into his home. Finds Kerr’s claims are barred by the statute of limitations insofar as they relate to injury to his health. A portion of his claims may proceed insofar as they relate to damage to his property. Remands for further proceedings.

Nonprofit ambulance service not entitled to ITCA protections

December 23, 2015

The volunteer emergency ambulance service provider in Sharpsville is not entitled to the protections of the Indiana Tort Claims Act, the Indiana Court of Appeals affirmed, because it is a private company rather than a governmental entity.

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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

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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

  • 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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