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Come Jan. 1, lawyers better make certain they’re on firm ground before asking a judge to file court pleadings under seal. Attorneys also may face new liability if confidential information is mistakenly entered in a public case file. State and federal courts have rewritten rules for when and how court pleadings can be filed out of public view, reaffirming they should be open to inspection with limited exceptions.
Although the Indiana Supreme Court recently confirmed that death certificates listing the cause of death are public records, the state is continuing to grapple with questions over privacy and online access to the documents.
A ruling in federal court has essentially struck down Indiana’s restrictions on drug-induced abortions, but the argument that the law places an undue burden on women caused the court to refrain from making a final judgment.
When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state’s appellate courts were being led by women. Indiana Lawyer recently invited Indiana Chief Justice Loretta Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana’s Bankruptcy Court to discuss their career paths as well as the opportunities and challenges today’s courts and lawyers face.
Members gathered in French Lick to honor attorneys, attend educational sessions and socialize.
Praising the We the People curriculum for instilling a sense of civic responsibility in the next generation, Indiana Senate President Pro Tem David Long pledged that state funding for the program would continue.
Indiana Court of Appeals
Ryan Lady v. State of Indiana (NFP)
53A01-1312-CR-527
Criminal. Affirms conviction and three-year sentence for Class D felony theft.
Warren Lee v. Becky Lee (NFP)
32A04-1404-DR-173
Domestic relation. Affirms denial of Warren Lee’s petition to modify parenting time, petition to modify child support, petition for contempt, and order to pay Becky Lee’s attorney fees.
Yansie G. Norment v. State of Indiana (NFP)
20A03-1404-CR-142
Criminal. Affirms denial of petition for jail time credit.
Indiana Court of Appeals
Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., et. al.
64A03-1308-PL-318
Civil plenary. Reaffirms previous ruling by the Indiana Court of Appeals that the trial court erred in awarding attorney fees to Fostcorp Heating and Cooling, Wilson Iron Works and Johnson Carpet. Since the general contractor, Roncelli Inc., was not the property owner, it is not liable for payment of attorney fees. Judge Patricia Riley voted to deny rehearing.
Police can use evidence seized during a traffic stop even if it turns out the officers initially pulled a car over based on a misunderstanding of the law, the Supreme Court of the United States ruled Monday.
Subcontractors successful in their dispute against the general contractor over the construction of a northern Indiana IMAX movie theater are not entitled to attorney fees, the Indiana Court of Appeals has reaffirmed.
Hamilton County leaders are asking state legislators for relief from a 2008 law that requires all capital projects costing more than $12 million be put to a vote.
A Muncie City Court judge hit with a disciplinary proceeding last week should be suspended from the bench, the Judicial Qualifications Commission argued in a petition submitted to the Indiana Supreme Court Monday.
Litigation over a proposed large-scale hog farm opposed by a neighboring YMCA camp in northern Indiana won’t be reviewed by the Indiana Supreme Court. Justices decided last week in a 3-2 decision to deny transfer on the issue of where the case should be heard.
After months in limbo, a bill passed by the U.S. Senate Thursday will extend insurance coverage for IOLTA accounts.
The city of Indianapolis will pay Paris-based WMB Heartland Justice Partners $1.6 billion over 35 years for a new justice center.
Indiana Court of Appeals
Jeremy K. Blue v. State of Indiana (NFP)
45A03-1404-CR-113
Criminal. Affirms convictions and aggregate 80-year sentence for murder and Class B felony robbery.
Jerry Horton v. State of Indiana (NFP)
34A02-1405-CR-375
Criminal. Dismisses as moot an appeal challenging revocation of probation.
Indiana Court of Appeals
Central Mutual Insurance Company v. Motorists Mutual Insurance Company
49A04-1405-CT-214
Civil tort. Affirms on interlocutory appeal the trial court order denying Central’s motion for partial summary judgment and granting Motorists’ motion for partial summary judgment. The trial court did not err in finding that Central provided primary coverage to a truck driver injured in a crash and that the Motorists policy provided excess coverage only when the limits of the Central policy had been reached.
A man who caught a trespasser trying to steal a license plate shouldn’t have been convicted of battery for whacking the intruder with a broom handle and then landing a few haymakers, a dissenting judge held Friday.
A Marion Superior Court’s ruling granting partial summary judgment in a dispute between insurance companies was affirmed Friday by the Indiana Court of Appeals.
Heather L. Wilson has been named member-in-charge of the Indianapolis office of Frost Brown Todd LLC effective Jan. 1, 2015, the firm announced. Wilson will succeed Nelson D. Alexander, who has led the office since 2004.