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Mortgage company didn’t act in good faith

The Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because it didn't act in good faith in providing a mortgage that was obtained by fraud.

Justices to hear cheek swab, blood draw cases

The Indiana Supreme Court is set to hear three arguments Thursday, including a case that challenges whether reasonable suspicion alone is sufficient for law enforcement to obtain DNA from a cheek swab.

Feds indict East Chicago mayor, former official

Another East Chicago mayor is now being charged in the federal court for alleged misuse of public money, and defense attorneys say they'll go to trial to fight the charges.

AG to review heath-care bill’s constitutionality

The Indiana Attorney General is going to use one of his little-known authorities to review the constitutionality of the provisions of the recently passed U.S. Senate federal health-care bill. Attorney General Greg Zoeller announced today his office will conduct the analysis, authorized by Indiana Code 4-6-8-2, on particular provisions of Senate Amendment 2786 to the […]

Judges reverse theft conviction

The Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the jury on conversion as a lesser-included offense of theft.

COA: Inmate must pay filing fees

The Indiana Court of Appeals has ruled today on another case filed by a New Castle Correctional Facility inmate who had filed at least 50 civil actions.

Masters appointed in cases of 2 judges

The Indiana Supreme Court has appointed masters to the disciplinary cases of Bicknell City Court Judge David A. Moreland and LaPorte Superior Judge Jennifer Evans Koethe.

COA rules on landowner first-impression issue

For the first time, the Indiana Court of Appeals needed to decide whether an urban or residential landowner owes a duty to protect neighbors from damage caused by a tree falling from the landowner's property. In J. John Marshall and Marjorie Marshall v. Erie Insurance Exchange a/s/o Cindy Cain, No. 20A03-0908-CV-366, Cindy Cain's home is next […]

Out-of-state placement bill goes to House

A legislative committee has given its OK to a bill that would repeal a last-minute 2009 special session provision, which gave the Indiana Department of Child Services key control in deciding whether juveniles can be placed outside the state.

Full appeals court decides on IPAS case

Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.

Indiana attorneys help Haiti

Attorneys around Indiana with connections to Haiti are helping with that country's relief efforts following an earthquake that registered as a magnitude 7 that destroyed countless buildings and injured and killed still unknown numbers of people in an already impoverished country. Christopher Stevenson of Wilson Kehoe & Winingham in Indianapolis traveled to LaMare, Haiti, in […]

Judge certifies sex offender’s class-action suit

A federal judge has certified a convicted sex offender's suit against the Indiana Department of Correction as a class action. The plaintiff claims registrants have no procedure to correct errors on the sex and violent offender registry.

Court: Medical record loss is negligence

If a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court
of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.

Lawmakers mull veto override on merit selection

Vetoed legislation that would scrap St. Joseph County's merit selection for judicial elections and also add a new three-judge panel to the Indiana Court of Appeals is back in play.

Boy can’t sue for lack of probable cause

The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.

What the ACLU of Indiana is tracking

he ACLU of Indiana is keeping an eye on bills that have been introduced this session and is anticipating others that could be introduced, including those that will affect due process, First Amendment rights, reproductive rights, voting rights, Second Amendment rights, and rights based on gender identity and sexual orientation, among other issues covered by the U.S. Constitution and Bill of Rights.

COA sets standard in parental rights cases

In addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial judges must offer findings of fact in those types of cases just as they're required to by law for children in need of services cases and grandparent visitation matters.