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DCS sued for cuts to adoption, foster care rates

Add foster and adoptive parents to the list of people unhappy with the Indiana Department of Child Services for making rate cuts in 2010. Some of those parents filed a class action suit Tuesday in federal court against DCS director James W. Payne in hopes of preventing the cuts. The foster and adoptive parents are unhappy about a 10 percent cut in all current foster care rates and adoption payments beginning January 2010. The parents received a letter from DCS…

Justices asked to accept judicial review case

A national business group and several state associations want the Indiana Supreme Court to take a case that could impact judicial review of state administrative agency rules, particularly those that may be outside an agency's authority to address.

AG wants disclosure of riverboat casino money

Non-profit and for-profit companies that receive riverboat casino revenue through economic development agreements should have to disclose how they spend the money, the Indiana Attorney General told lawmakers at a legislative committee meeting on Monday.

Appellate panel travels to Hammond

Indiana Court of Appeal Judges Michael Barnes, Patricia Riley, and Margret Robb travel to Hammond Thursday to hear arguments in a case involving the erection of a cell phone tower on town property. Arguments begin at 1 p.m. CST at the Hammond City Hall, Council Chambers in Bruce Scalambrino, et al. v. Town of Michiana Shores, […]

Court split on if lab tech must testify

The state's highest court was split in its ruling on whether the failure of a lab technician who processed DNA evidence to testify at a man's trial violated his Sixth Amendment rights.

Justices rule in favor of cup manufacturers

The manufacturer defendants in a suit claiming defects in their measuring cup caused the death of a 9-year-old boy are entitled to summary judgment, the Indiana Supreme Court affirmed today.

Tax Court sidesteps first-impression issue

Although the Indiana Tax Court had the opportunity to address an issue of first impression, it decided to save its analysis of the issue for another day because the case could be resolved on other grounds.

Court: Don’t assume undue influence by child

The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.

Comment sought on foreclosure settlement rule

The Marion County courts are seeking comment on proposed amendments to Administrate Local Rule 49-TR 85 Rule 231 – Mandatory Settlement Conferences in Mortgage Foreclosure Cases.

Military-leave suit targets law firm

The U.S. Department of Justice says an Indianapolis law firm wrongfully refused to re-employ a staff attorney who'd returned from serving in Iraq as a member of the Indiana Army National Guard.

Appellate court rules statute not unconstitutional

The presumption found in Indiana Code Section 9-30-10-16, which governs driving while privileges are suspended, isn't unconstitutional because it doesn't shift the burden of proof from the state, the Indiana Court of Appeals ruled today.

Supreme Court amends more rules

The Indiana Supreme Court has amended various rules of court, including admission and disciplinary, alternative dispute resolution, and appellate procedure rules.

SCOTUS: Elected judges must step aside

Elected judges must recuse themselves in cases where large campaign contributions from interested parties create an appearance of bias, the nation's highest court ruled today.

Transfer sought in compulsive gambling case

Arguing that common law should protect anyone intentionally harmed by someone else, an Evansville attorney is asking the Indiana Supreme Court to consider a case of first impression in which he contends a compulsive gambler was targeted and taken advantage of by a casino, resulting in her loss of $125,000 in a single night.

SCOTUS: Plaintiffs can sue drug companies

The U.S. Supreme Court says pharmaceutical companies can be sued in state court over alleged drug effects, even if the Food and Drug Administration has approved the medication and its warning label.

Man’s claims against officers can proceed

The 7th Circuit Court of Appeals reversed summary judgment in favor of police officers in a man's civil suit, finding the man may have Fourth and Fifth Amendment claims against them.

First impression for habitual offender statute

In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant's prior conviction for conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute.

Speaker to examine tort law in U.S.

Keith Hylton, Hon. Paul J. Liacos Professor of Law at Boston University School of Law, will present next week Valparaiso University School of Law's annual Monsanto Lecture, which examines the theory of tort in the United States and explore ways it can be reformed.