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The Indiana Court of Appeals has ruled on the first of hundreds of medical malpractice claims filed against a former ear-nose-throat specialist in Merrillville, upholding a $300,000 jury verdict and also delving into novel legal issues that haven’t been widely addressed by the state’s appellate courts.
On Nov. 1, several fees will increase in the United States Bankruptcy Court’s Southern District of Indiana, including the Title 11 administrative fee, AP filing fee and notice of appeal fee.
A federal judge in New York as early as this week could chose a lead plaintiff from among at least three lawsuits accusing the parent of Indianapolis-based advanced-battery maker EnerDel of misleading investors about its financial condition.
The Indiana Supreme Court has affirmed a man’s murder and robbery convictions and left in place his sentence of life without the possibility of parole.
The Indiana Supreme Court found that although a defendant didn’t consent to a mistrial, the trial judge didn’t abuse his discretion in finding that a mistrial was justified by “manifest necessity.”
A Chinese national and former employee of Dow AgroSciences LLC pleaded guilty Tuesday to economic espionage and theft of trade secrets in federal court. Kexue Huang’s case is the first prosecution in Indiana for foreign economic espionage.
Indiana University Maurer School of Law will conduct a mini-symposium on the constitutionality of the federal health care legislation in honor of a former professor at the law school.
7th Circuit Court of Appeals
Bruce Barton v. Zimmer Inc.
10-2212
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment for Zimmer Inc. on Barton’s claims for discrimination and retaliation in violation of the Age Discrimination in Employment Act and for interference with his right to reinstatement under the Family Medical Leave Act. Barton’s ADEA claims fail for lack of causation and any available remedy. There is also no evidence of retaliation, and he has no claim under FMLA because when Barton returned to work after his medical leave, the company assigned him equivalent duties without regard to his medical leave.
Indiana Court of Appeals
Espiridion Estudillo v. Maria E. Estudillo
91A02-1102-DR-97
Domestic relation. Affirms property division following dissolution proceedings. The trial court did not abuse its discretion in considering the husband’s interest in property he titled to his adult daughter when dividing the marital estate nor when it determined two cars were not marital property. The trial court didn’t err by determining the extensive evidence of dissipation justified an unequal distribution of the marital property.
Gregg Miller v. America's Directories Inc. and Studio A Advertising and Marketing (NFP)
71A04-1011-CT-738
Civil tort. Affirms summary judgment for America’s Directories Inc. and Studio A Advertising and Marketing on Miller’s wrongful termination claim.
Joaquin Starks v. State of Indiana (NFP)
82A01-1006-CR-266
Criminal. Affirms conviction of felony murder.
Justin A. Van Brunt v. State of Indiana (NFP)
59A01-1104-CR-177
Criminal. Reverses sentence following guilty plea to three counts of Class B felony burglary and three counts of Class D felony theft. Reduces sentence to 10 years.
Timothy Platt v. Indianapolis Public Transportation Corporation (NFP)
49A02-1105-CT-417
Civil tort. Affirms order dismissing Platt’s petition for “declaration of rights & status” regarding a contract.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Bruce Barton v. Zimmer Inc.
10-2212
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment for Zimmer Inc. on Barton’s claims for discrimination and retaliation in violation of the Age Discrimination in Employment Act and for interference with his right to reinstatement under the Family Medical Leave Act. Barton’s ADEA claims fail for lack of causation and any available remedy. There is also no evidence of retaliation, and he has no claim under FMLA because when Barton returned to work after his medical leave, the company assigned him equivalent duties without regard to his medical leave.
The Indiana Supreme Court has taken two cases and declined to accept more than two dozen petitions seeking transfer.
The story of the legal battle to free a woman from prison after 26 years took the top documentary award at the Heartland Film Festival.
Representatives from 121 law schools will attend Indiana University Bloomington Law Day on Oct. 25 to meet with prospective students and talk about admission procedures and requirements.
A legislative subcommittee meeting Thursday will consider preliminary drafts of legislation to clarify Indiana law in the wake of the Indiana Supreme Court’s decision upholding that residents have no common law right to resist police entering a person’s home.
The Indiana Supreme Court’s state office of Court Appointed Special Advocates honored Ronda Moyers of Howard County as Volunteer of the Year at the 15th annual GAL/CASA conference. She was nominated by a child who she advocated for while the child was in foster care.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Michael Hooten v. State of Indiana (NFP)
49A04-1101-CR-11
Criminal. Affirms convictions of felony murder and Class A felony attempted murder.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted transfer to two cases and denied 29.
Indiana Court of Appeals
Michael Hooten v. State of Indiana (NFP)
49A04-1101-CR-11
Criminal. Affirms convictions of felony murder and Class A felony attempted murder.
The Indiana Court of Appeals upheld a man’s attempted murder conviction, finding the trial judge did not act in a way to deny the defendant a fair trial.
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Nathan Allyn Richardson v. State of Indiana (NFP)
48A05-1012-CR-757
Criminal. Affirms imposition of three-year executed sentence following revocation of probation.
Amber Easton v. State of Indiana (NFP)
49A02-1103-CR-214
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Matthew Spoonemore v. State of Indiana (NFP)
18A05-1102-CR-64
Criminal. Affirms order that Spoonemore pay Indiana Ticket Company $29,700 in restitution. Remands for the trial court to determine whether it wishes to exercise its discretion and enter judgment as a Class A misdemeanor instead of a Class D felony for theft.
In the Matter of the Term. of the Parent-Child Rel. of: D.Y., and D.H. v. The Indiana Dept. of Child Svcs. and Child Advocates, Inc. (NFP)
49A04-1102-JT-107
Juvenile. Affirms termination of parental rights.
In the Matter of the Term. of the Parent-Child Rel. of H.G.; M.G. and D.G. v. Indiana Dept. of Child Svcs. (NFP)
82A04-1011-JT-730
Juvenile. Affirms termination of parental rights.
T.C. v. State of Indiana (NFP)
49A02-1102-JV-231
Juvenile. Affirms finding of delinquency.
Eugene M. Gray Trust, A-1 Vacuum, Northwest Optical, and Marion County, Indiana v. State of Indiana (NFP)
49A02-1011-PL-1329
Civil plenary. Affirms decision regarding the amount of interest due to the trust as part of an eminent domain action.
Gordon Northrup, Jr. v. State of Indiana (NFP)
79A02-1103-PC-272
Post conviction. Affirms post-conviction court’s denial of petition for post-conviction relief.
Brian Loveall v. Susan (Loveall) Kelly (NFP)
23A01-1102-DR-47
Domestic relation. Affirms grant of mother’s petition for modification of child support.
Indiana Tax Court had posted no opinions at IL deadline.
Legislators want to take a second look at a new law passed this year that gives Indiana residents with nonviolent criminal histories a chance to limit public access to parts of their record.
Indiana Court of Appeals
Cedric Tharpe v. State of Indiana
49A04-1101-CR-24
Criminal. Affirms conviction of Class A felony attempted murder. Tharpe didn’t show the judge who presided over his case was biased or prejudiced, nor did he demonstrate his trial was unfair. The trial court didn’t abuse its discretion in denying his motion for continuance and there is sufficient evidence to support his conviction.