South Bend man wins partial reversal of sewer nuisance suit
A man who sued South Bend claiming that noxious gas from city sewer lines had been forced into his home may proceed with part of his lawsuit against the city.
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Nonprofit acquires Maurer professor’s Lawyer Metrics
The Access Group, a nonprofit organization made up of law schools, has acquired the assets of Bloomington-based Lawyer Metrics LLC, which was co-founded by Indiana University Maurer School of Law professor William Henderson.
5 finalists named for St. Joseph judicial position
The St. Joseph County Nominating Commission announced Tuesday the five finalists to fill the upcoming vacancy on the Superior Court due to Judge Jerome Frese’s pending retirement.
Judge puts brakes on California Uber drivers’ suit outcome
Uber Technologies Inc. won a ruling that may put off the outcome of a bid by California drivers to be treated as employees in a lawsuit that has grown dramatically both in size and potential liability.
Tennessee Supreme Court updates attorney licensing rules
The Tennessee Supreme Court has approved changes to the way attorneys are licensed to practice in the state, including allowing drug tests as part of the character investigation.
Marion County residents mount court challenge to stop project
Three Ransom Place residents in Indianapolis are challenging the city’s approval of a large residential project planned for the neighborhood and are asking a Marion County judge to stop the $10 million development.
Caterpillar loses $74.6M verdict over trade secret theft
Caterpillar Inc. was ordered by a jury to pay $74.6 million for theft of trade secrets from a British maker of earth-moving equipment.
COA upholds decision to deny Edinburgh tax deed
A trial court did not err when it entered an order denying the town of Edinburgh’s request for the issuance of a tax deed and granting the landowner equitable relief, the Indiana Court of Appeals held Tuesday.
Split court reverses dismissal of complaint against probation officers
The Indiana Supreme Court decided 3-2 Tuesday to reverse the dismissal of a man’s claims arising out of his incarceration for a probation violation that allegedly occurred after his term of probation had expired.
Appeals court concerned about fee-shifting provisions in domestic relations cases
The Indiana Court of Appeals affirmed a trial court’s decision to not award a mother attorney fees despite the inclusion of a fee-shifting provision in her divorce settlement. In doing so, the appeals court pointed out how these provisions may go against public policy.
Opinions Dec. 22, 2015
Indiana Supreme Court
Randy L. Thornton v. State of Indiana, Ind. Dept. of Corr., Marion Co., Indiana, City of Indianapolis, Matthew Pietrzak, Stephanie Buttz, Eric Lee, and Dianna Johnson
49S02-1512-PL-709
Civil plenary. Grants transfer and reverses the dismissal of Thorton’s Section 1983 claim against the defendants. Remands for further proceedings. The trial court erred when it determined Thorton’s complaint did not state a claim for relief under 42 U.S.C. 1983 against the individually named probation officers. Justices Dickson and Massa dissent without opinion.
COA rules in contentious attorney fees case
The Indiana Court of Appeals had harsh words for the three lawyers involved in a protracted, unprofessional legal battle over attorney fees owed in a breach of contract lawsuit against Lake Station, Indiana.
Driverless cars give lawyers bottomless list of defendants
Imagine a robot car with no one behind the wheel hitting another driverless car. Who’s at fault?
7th Circuit orders new resentencing hearing
A man who appealed the parts of his Section 2255 proceeding that were denied, as well as his new criminal judgment entered on rehearing, will be getting a new sentencing hearing, the 7th Circuit Court of Appeals determined Monday.
Opinions Dec. 21, 2015
7th Circuit Court of Appeals
Frederick T. Garner v. United States of America
13-3506, 15-3661
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil/Criminal. Vacates new criminal sentence and remands to the district court for resentencing. Because of the misunderstanding that arose after Garner tried to appeal from the district court’s comments indicating the court saw no merit in his ineffective-counsel argument, Garner did not receive the full resentencing to which he was entitled.
COA: Breath test properly admitted
A man convicted of drunken-driving failed to convince the Indiana Court of Appeals that the state did not prove that the chemicals used in his breath test equipment were certified under Indiana administrative rules.
Judge believes restitution order properly entered
An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.
South Bend attorney leaves behind strong legacy
Attorney James Brotherson, who built a career counseling many of the largest manufacturers and suppliers in the recreational vehicle industry in northern Indiana, died Dec. 18. He was 63.
Court rules in favor of Columbia Sportswear in income tax dispute
The Indiana Tax Court ruled Friday that the Indiana Department of State Revenue’s adjustments to Columbia Sportwear’s net income for tax years 2005-2007 were not proper and granted summary judgment in favor of the clothing company.
Gary teens ask city to ban saggy pants
Wearing pants low enough to expose underwear could soon be against the law in Gary, Indiana.