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COA: Government vehicle exclusion is void

The Indiana Court of Appeals concluded today in a matter of first impression that the government vehicle exclusion in underinsured motorist policies is void as against public policy.

COA splits on cheek-swab requirements

A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.

Supreme Court takes Fireman’s Rule case

The Indiana Supreme Court granted transfer today to case involving the Indiana Fireman's Rule and whether a policeman's suit against an Indianapolis strip club is barred by the rule.

eBay suit presents issue of first impression

In an issue of first impression in Indiana – and possibly in the United States – the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.

Supreme Court orders third murder trial

State justices have overturned the murder convictions and ordered a third trial for a former state trooper accused of killing his wife and two young children in Southern Indiana almost a decade ago.

COA: Insurers have no duty to defend Cinergy

The Indiana Court of Appeals ruled today that the insurers of Cinergy, which was bought out by Duke Energy in 2006, have no duty to defend, indemnify, or otherwise provide coverage in connection with Cinergy's alleged liability for violations of the Clean Air Act at certain plants. The dispute over the insurers' obligations has been […]

Good-faith exception not applicable

An Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception doesn't apply in this case, the Indiana Court of Appeals concluded today.

Appellate court splits on liability of city

The Indiana Court of Appeals split today in deciding whether the city of South Bend should have known putting heavy machinery on an unstable sidewalk would create an unreasonable risk of harm to a brick restorer.

COA: Man didn’t waive right to appeal sentence

Because the trial court may have made confusing remarks at a man’s guilty plea hearing indicating he “may” have waived the right to appeal, only to later inform him of his right to appeal, the Indiana Court of Appeals concluded the defendant hadn’t waived that right to appeal. The appellate court did affirm the defendant’s 30-year advisory sentence for dealing in cocaine, finding he failed to prove it was inappropriate. In Luis Ruiz Bonilla v. State of Indiana, No. 20A05-0902-CR-85, the…

Judge adopts revised sentencing conditions

Senior Judge James T. Moody in the U.S. District Court of the Northern District of Indiana issued an order Monday regarding conditions for probation and supervised release.

Snow closes some federal, county courts

The foot or more of snow dumped on the southern two-thirds of Indiana hasn't stopped some attorneys from making it to their offices today, but it has closed some courts around the state.

Bank wrongfully refused to pay cashier’s check

In an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.

Supreme Court grants 2 transfers

The Indiana Supreme Court granted two transfers this week to cases involving a negligence claim against a grocery store and subordinated judgment liens.

Writ removes special prosecutor

The Indiana Supreme Court has ordered Delaware Circuit Court to vacate its order appointing J.A. Cummins as special prosecuting attorney and appoint someone else to serve in that capacity.

Update: Bose McKinney cuts lawyers, paralegals

The fifth largest Indianapolis law firm is laying off 10 attorneys, two paralegals, and 13 support staff because of the tumultuous economy.Bose McKinney & Evans managing partner Ken Crook, who announced the layoffs today, told Indiana Lawyer that all the cuts were in the downtown Indianapolis office. The layoffs affected employees in the litigation, business, real estate, and intellectual property practice groups. Crook said the recession continues to affect the firm’s clients and therefore certain practices within the firm. He added,…

Comment sought on magistrate reappointment

The United States District Court for the Southern District of Indiana is seeking comments from bar members and the public as to whether Magistrate Judge Tim A. Baker should be reappointed to a new eight-year term.

Suspended judge’s case moved

LaPorte Circuit Court granted suspended LaPorte Superior Judge Jennifer Evans Koethe's motion for change of venue Thursday.

Court splits on first impression dissipation case

An Indiana Court of Appeals judge dissented today from his colleagues' decision that a spouse may be found to have dissipated property after refusing to sign and file joint tax returns because the judge believes the ruling is "bad law and bad policy."

Oral findings allowed in attorney fee case

A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.