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Lilly, other drugmakers face federal pricing probe

November 9, 2015

Indianapolis-based Eli Lilly and Co. and other U.S. drugmakers are being investigated by federal prosecutors over their drug-pricing practices related to Medicare and Medicaid, The Wall Street Journal and Reuters reported Friday.

Justice Brent Dickson announces retirement

November 9, 2015

Even if Justice Brent Dickson wasn’t required to give up his seat on the Indiana Supreme Court when he turns 75 in July, he said Monday his decision to retire would be the same.

Opinions Nov. 6, 2015

November 6, 2015

7th Circuit Court of Appeals
BRC Rubber & Plastics Inc. v. Continental Carbon Company
14-1416, 14-1555
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Magistrate Judge Roger B. Cosbey.
Civil. Vacates judgment for BRC on its lawsuit that Continental Carbon had breached and repudiated the contract for it to supply carbon black to BRC. The agreement did not obligate BRC to buy any or all of its carbon black from Continental, so the trial court erred in concluding the contract was a requirements contract. Remands without reaching BRC’s cross-appeal related to damages.  
 

Justices: Personalized licenses plates are government speech

November 6, 2015

The Indiana Supreme Court Friday upheld the Bureau of Motor Vehicles’ process for approving or denying requests for personalized license plates after finding the plates are government speech. A Marion County judge ruled last year the statute governing personalized license plates is unconstitutional.

Companies’ agreement not a requirements contract, 7th Circuit holds

November 6, 2015

The 7th Circuit Court of Appeals vacated judgment in favor of a company that sued its carbon black supplier after it was unable to fulfill orders, holding the lower court erred in ruling in favor of the purchaser after finding the agreement between the companies was a requirements contract.

Court must recalculate attorney fees

November 6, 2015

A trial court has the discretion to determine whether and how much to award in attorney fees, but a Porter Superior Court incorrectly determined what attorney fees the prevailing party was entitled to in a slander of title action, the Indiana Court of Appeals held Friday.

Clause limiting time client can sue attorney violates public policy

November 6, 2015

The contract a client signed to have the Conour Law Firm represent her contained a clause limiting her ability to sue the firm to one year, which the Indiana Court of Appeals found violated public policy and the Indiana Rules of Professional Conduct. The lawsuit seeking to recover settlement funds stolen by William Conour continues against his former colleague.

Out-of-state move did not relieve sex offender from updating address

November 6, 2015

The Indiana Court of Appeals rejected a man’s claim that because he had moved out of state when law enforcement officials performed a random check of his home address, he was no longer required to register as a sex offender in Indiana.

Court affirms enhanced sentence for incest offense

November 6, 2015

Finding the District Court conducted the correct analysis when determining the sentence of a man who had failed to register as a sex offender in Indiana and then committed incest with his 18-year-old daughter, the 7th Circuit Court of Appeals affirmed the six-level sentencing enhancement.

LLC denied royalties because of unenforceable contract

November 6, 2015

A company that sued seeking nearly $750 million in unpaid royalties for sales on medical devices using certain patents lost its appeal before the Indiana Court of Appeals because the contract is unenforceable.

E-filing to begin Monday in Indiana appeals courts

November 6, 2015

The e-filing pilot project that kicked off in Hamilton County in July will now include the Indiana Supreme Court and Court of Appeals. Chief Justice Loretta Rush signed an order Friday expanding the project to the appellate courts beginning Monday.

Judge OKs closed hearings in Bloomington man’s murder trial

November 6, 2015

A judge has decided a Bloomington man accused of killing an Indiana University student can seek additional public funds to hire experts and investigators for hearings closed to the prosecution and the public.

Woman heartbroken by lawsuit filed by Notre Dame student

November 6, 2015

An academic coach fired by the University of Notre Dame after a student accused her of coercing him into having unwelcome sexual encounters with her daughter issued a statement Thursday describing what happened as merely a breakup and saying her family is heartbroken he chose to harm them in such a public manner.

Indiana man removed from sex offender registries in 2 states

November 6, 2015

A 20-year-old Indiana man sentenced to two years' probation for having consensual sex with a 14-year-old Michigan girl who lied about her age has been taken off sex offender registries in both states, and his lawyer said he is seeking to modify some terms of his probation.

Opinions Nov. 5, 2015

November 5, 2015

Indiana Supreme Court
Latoya Lee v. State of Indiana
49S02-1511-CR-638
Criminal. Reverses Lee’s conviction of attempted aggravated battery as a lesser included offense of a murder charge dismissed by the court and remands with instructions to enter a judgment of acquittal. Charging murder, or conspiracy to commit murder, by shooting does not, without more, give fair notice of lesser included charges based on a beating. It was fundamental error to convict her based on a critical operative fact the state never pleaded and in fact disclaimed at trial.

COA: Jury properly rejected defendant’s insanity defense

November 5, 2015

Because there was evidence that a defendant’s mental state at the time he stabbed his estranged wife was due to voluntary intoxication, the jury properly rejected his insanity defense, the Indiana Court of Appeals held Thursday.

COA upholds attempted stalking conviction

November 5, 2015

A man who claims he is the only person in Indiana ever charged with or convicted of attempted stalking failed to convince the Indiana Court of Appeals that his conviction should be overturned.

Justices acquit mother involved in fistfight turned fatal

November 5, 2015

The Indiana Supreme Court acquitted the woman involved in a planned beatdown that resulted in one man dying and she, her son and another man being convicted of attempted aggravated battery. The justices previously this year ordered the other two perpetrators’ convictions reversed and said the “basic principle of justice” requires the same result in the woman’s case.

House passes defense bill that still hampers closing Gitmo

November 5, 2015

The House of Representatives on Thursday overwhelmingly passed a revised $607 billion defense policy bill that restricts President Barack Obama's efforts to close the military prison at Guantanamo Bay, Cuba.

Panel: Indiana’s economy to grow at slightly faster rate

November 5, 2015

Indiana's economy will grow at a slightly faster rate next year and into 2017 even as the state faces challenges from weakening international markets, Indiana University economists said Thursday in their annual forecast.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

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

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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