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The Indiana State Bar Association has released results of its 2012 Judicial Retention Poll. None of the six appellate judges up for retention in the Indiana Supreme Court or Court of Appeals received less than 81 percent of “yes” votes.
A new set of rules for Marion County’s nine township Small Claims courts will make the forums more transparent and put important court information online for the first time, according to the judge overseeing reform efforts.
7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
Ted L. Cecil, Cecil Septic LLC, and Max Haas Company, LLC v. Fisk Excavating, Plumbing and Septic Services, Inc., Dennis Fisk, Dennis Fisk, Jr.,Michelle Fisk, Bob Murphy, et al. (NFP)
33A05-1112-MI-686
Miscellaneous. Affirms summary judgment in favor of Fisk Excavating and other defendants on the plaintiffs’ legal malpractice claim. Remands for determination of Gregg Morelock’s appellate attorney fees.
Sally Applegate-Rodeman and Leslie M. Rodeman v. JDK, LLC d/b/a Livrite Fitness Center, d/b/a Northeast Fitness, Threstrands by Grace, LLC d/b/a Livrite Fitness Center, d/b/a Northeast Fitness (NFP)
49A02-1110-PL-950
Civil plenary. Dismisses the Rodemans’ appeal of summary judgment in favor of Livrite on a negligence claim.
Indiana Court of Appeals
Ted L. Cecil, Cecil Septic LLC, and Max Haas Company, LLC v. Fisk Excavating, Plumbing and Septic Services, Inc., Dennis Fisk, Dennis Fisk, Jr.,Michelle Fisk, Bob Murphy, et al. (NFP)
33A05-1112-MI-686
Miscellaneous. Affirms summary judgment in favor of Fisk Excavating and other defendants on the plaintiffs’ legal malpractice claim. Remands for determination of Gregg Morelock’s appellate attorney fees.
Sandra Leek, who ran the Indiana Civil Rights Commission for 13 years, died Oct. 12 after battling cancer. She was 58.
The Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
Legislators this week will study a variety of issues, including preliminary drafts on surrogate attorneys and probate court authority.
Respondents to a recent survey conducted by the Lake County Bar Association on two judges up for retention this year have recommended the judges be retained.
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on proposed changes to Local Rule B-7056-1, Motions for Summary Judgment.
This Thursday marks the inaugural Birch Bayh Lecture at Indiana University Robert H. McKinney School of Law. The annual event, named after former U.S. Senator Birch Bayh, will focus on issues of importance to Bayh regarding the government.
A judge on Friday rejected former Merrillville "nose doctor" Mark Weinberger’s request to be released from federal prison for time served and instead ordered him to spend almost another four years behind bars for fraud.
7th Circuit Court of Appeals issued no opinions prior to IL deadline.
Indiana Supreme Court and Indiana Tax court issued no opinions prior to IL deadline.
Indiana Court of Appeals
Charles Davis, Sr. v. State of Indiana (NFP)
03A05-1111-CR-639
Criminal. Affirms conviction and sentence for Class B felony dealing in methamphetamine.
Steven Powers v. State of Indiana (NFP)
84A01-1201-CR-29
Criminal. Affirms sentence for Class B felony neglect of a dependent resulting in serious bodily injury.
T.H. v. State of Indiana (NFP)
53A05-1203-JV-119
Juvenile. Affirms adjudication as a delinquent, finding T.H. committed rape and criminal deviate conduct.
Robert Decker v. Paul Whitesell, as Superintendent of the Indiana State Police, The Indiana State Police Board, and The Indiana State Police (NFP)
84A01-1112-PL-578
Civil plenary. Affirms termination of employment.
Robin McFarland v. State of Indiana (NFP)
49A02-1203-CR-239
Criminal. Affirms conviction of Class D felony theft.
Lawrence A. Smith v. Dennis A. Williams and Giddings, Whitsitt & Williams, P.C. (NFP)
06A01-1201-CT-20
Civil tort. Affirms order granting summary judgment in favor of Williams and the law firm on Smith’s legal malpractice action.
Jwaun Poindexter v. State of Indiana (NFP)
49A02-1203-CR-213
Criminal. Affirms murder conviction, reverses conviction of Class A felony attempted robbery and remands with instructions to enter judgment of conviction for attempted robbery as a Class C felony and sentence Poindexter accordingly.
Indiana Court of Appeals
Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC
45A03-1109-CT-394
Civil tort. Reaffirms original opinion in all respects, and finds that a trial court when confronted with the facts and circumstances like those in this case, may compel an involuntary psychiatric examination in accordance with Ind. Trial Rule 35. There is no requirement that the court must do so.
John E. Martin will succeed Magistrate Judge Andrew P. Rodovich in the Northern District of Indiana’s Hammond Division, the court announced. Rodovich is retiring from the bench.
A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.
Bankruptcy Clerk Kevin P. Dempsey of the Southern District of Indiana has issued a clarification on when orders should be distributed now that rules have shifted responsibility for distribution of most orders to the prevailing parties.
In reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.
A federal judge in Indianapolis has ruled in favor of Andy Mohr Truck Center in two lawsuits stemming from a broken business relationship between the dealer and Volvo Trucks North America.
A Fishers, Ind. man, along with a businessman in California, have been charged in the Southern District of Indiana with stealing more than a million dollars from the Indianapolis-area branch of power tool manufacturer Stanley Black and Decker.
Landowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should have barred the annexation.