Appeals court reinstates South Bend police wrongful death suit
A wrongful death lawsuit filed on behalf of a man who died in the custody of South Bend police was reinstated Friday by the Indiana Court of Appeals.
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Opinions Oct. 16, 2015
Indiana Supreme Court
Robert A. Masters v. Leah Masters
02S04-1504-DR-156
Domestic. Affirms award of attorney fees in a dissolution of marriage case to an arbitrator under the Family Law Arbitration Act. The award of attorney fees in this case is supported by the findings, and Robert Masters failed to show clear error as prescribed by Trial Rule 52(A).
Ex-IU McKinney dean to become Bradley University president
Former Indiana University Robert H. McKinney School of Law Dean Gary R. Roberts will become the 11th president of Bradley University, effective Jan. 1.
City billboard suit spooks Montage on Mass developers
A controversial piece of the proposed $50 million Montage on Mass mixed-use apartment project won’t be considered by the city of Indianapolis until after the first of the year.
Trial court erred in ordering harassing neighbor’s firearms seized
A trial court erred in ordering firearms seized and in placing other restrictions on a man the court properly determined had committed stalking against his neighbor, the Indiana Court of Appeals ruled Friday.
Justices affirm attorney fees award in domestic arbitration
A trial court ruling ordering an ex-husband to pay his ex-wife’s legal fees in a divorce settled under the Family Law Arbitration Act was affirmed Friday by the Indiana Supreme Court.
Representing self, Conour types motions seeking release
Convicted fraudster and ex-attorney William Conour has asked a judge to free him from prison less than two years into his 10-year sentence for defrauding dozens of personal injury and wrongful death clients of nearly $7 million.
Attorney reprimanded for ex parte communication
A Tippecanoe County attorney has received a private reprimand after the Indiana Supreme Court concluded she violated Professional Conduct Rule 3.5(b) when an emergency petition for a temporary guardian appointment was presented to the judge before notice was presented to the parents.
Opinions Oct. 15, 2015
Indiana Supreme Court
In the Matter of: Anonymous
79S00-1508-DI-512
Discipline. Issues private reprimand after finding attorney engaged in misconduct by communicating ex parte with a judge without authorization to do so, a violation of Professional Conduct Rule 3.5(b).
Appeals court weighing lawsuit filed by ex-IPFW chancellor
An attorney for the former top administrator of Indiana University-Purdue University Fort Wayne pressed arguments that a businessman defamed him in a letter shortly before he was forced to retire.
COA reverses finding attorney entitled to malpractice coverage
A trial court improperly concluded that an Auburn, Indiana, attorney did not make a material representation in his application for renewal of malpractice insurance, the Indiana Court of Appeals held Thursday in reversing summary judgment in favor of the attorney.
Ruling in favor of doctors in med mal case upheld
The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.
Inmate loses request for Xbox, other privileges
The Department of Correction has a rational reason for limiting which inmates qualify to be housed in a “Honor Unit,” in which they have access to video games and weights, the Indiana Court of Appeals held in affirming summary judgment for the DOC on an inmate’s lawsuit.
Hastert attorney says former speaker intends to plead guilty
Former House Speaker Dennis Hastert intends to plead guilty in a multimillion-dollar hush-money case linked to allegations of sexual misconduct from decades ago, a defense attorney told a federal judge Thursday.
COA affirms attorney fee order
The Indiana Court of Appeals upheld the decision by a trial court that in order for proceedings supplemental to be withdrawn without prejudice, the moving party must pay attorney fees as ordered by the lower court.
Mediator appointed to Marion Superior Court
An Indianapolis mediator has been selected by Gov. Mike Pence to fill the vacancy in Marion Superior Court created when Judge Robert Altice Jr. was appointed to the Indiana Court of Appeals in July.
Investigation prompts reorganization at Marion County Jail
An internal investigation at the Marion County Jail has prompted the facility to discipline staff and demote its jail commander.
Judge hears lawsuit challenging Indiana ballot photos law
A federal judge seemed critical of a new Indiana law that prohibits voters from taking photos of their election ballots and sharing the images on social media during a hearing on a lawsuit challenging the law.
Opinions Oct. 14, 2015
Indiana Court of Appeals
Travis Allen v. State of Indiana
49A05-1410-CR-501
Criminal. Affirms convictions of Class A misdemeanors operating a vehicle while intoxicated and driving with a suspended license, and Class C felony driving without a license. The total days of delay charged to the state in bringing Allen to trial is 363 days, so Allen is not entitled to discharge under Criminal rule 4(C) and the trial court did not abuse its discretion when it denied his motion. Judge Barnes dissents.
COA modifies punitive damages award
The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.