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The Indiana Court of Appeals reversed the denial of a hospital's motion to dismiss a medical malpractice complaint because
the claimant, who was employed by the hospital and on duty at the time of the injury, could only file a complaint against
the employer under the Worker's Compensation Act.
A court ruling issued Monday by a federal judge in Indianapolis touches on a legal nuance that’s yet to be addressed by the 7th Circuit Court of Appeals in Chicago and is also a relatively new argument for Indiana.In the jail-condition prisoner suit of Trevor Richardson v. Monroe County Sheriff, et al., No. 1:08-cv-0174 U.S., Judge Richard Young of the U.S. District Court, Southern District of Indiana, denied a motion from the Monroe County Sheriff’s Office to dismiss the suit and…
A federal judge in Fort Wayne won’t give a former train conductor a new trial relating to injuries he sustained during work.The decision from U.S. District Judge William C. Lee in the Northern District came Thursday in Terry Lee Wilcox v. CSX Transportation. The case involved claims by the 30-year employee that he couldn’t work following injuries he developed over time that resulted in more specific injuries in 2002 and 2004. After a five-day trial in October, the jury decided in…
The Indiana Court of Appeals overturned a sentence enhancement for a man convicted of attempted rape. The enhancement was for being a repeat sexual offender, but attempted rape is not a crime listed under the repeat sex offender statute that allows for the enhancement. In William E. Wright v. State of Indiana, No. 48A02-0708-PC-678, the Court of Appeals agreed with Wright that his appellate counsel provided ineffective assistance in regards to challenging the sentence enhancement and that Wright’s petition for post-conviction relief should…
The Indiana Supreme Court is being asked to consider the role a federal law plays in deciding who is Terre Haute's current mayor and whether a special election is needed.
The Federalist Society's Indianapolis Lawyers Division Chapter will present a preview of the upcoming U.S. Supreme Court 2008-09 term featuring Kannon Shanmugam, who served as assistant to the solicitor general in the U.S. Department of Justice and is currently a partner in the Washington, D.C., firm Williams & Connolly.
A juvenile court erred when it found a juvenile in civil contempt of court and imposed an additional term of confinement as a result, the Indiana Court of Appeals has ruled. In K.L.N. v. State of Indiana, No. 71A03-0708-JV-411, K.L.N., a juvenile, had appealed the juvenile court’s decision to impose an additional term of confinement against him for being found in contempt of court. K.L.N. was confined to a secure facility for 120 days and often did not follow the rules. As…
Miami Superior Judge Daniel C. Banina has been appointed by Gov. Mitch Daniels as judge of the newly created Miami Superior Court II. Judge Banina will become judge of the new court Jan. 1.
The United States District Court for the Southern District of Indiana has appointed – effective immediately – a new chief probation officer, who also is the first African-American to serve in that capacity in the district.
The Indiana Uniform Trade Secrets Act does not preempt a civil Racketeer Influenced and Corrupt Organizations claim, the Indiana Court of Appeals ruled today.In an issue of first impression, the court was asked to decide in AGS Capital Corp., Inc., et al. v. Product Action International, LLC, No. 49A02-0702-CV-176, whether civil provisions for treble damages based on certain criminal acts are covered by the Indiana Uniform Trade Secrets Act (IUTSA). AGS Capital Corp., which owned Fast Tek Group and Superior Metal Technologies,…
Prosecutors must be allowed to present their cases as they see fit and not be forced into agreements, the Indiana Court of Appeals confirmed today.In State of Indiana v. Harold Lewis, No. 72A05-0610-CR-564, the three-judge panel unanimously reversed and remanded the case to Scott Superior Judge Nicholas South. The trial judge had determined in 2006 to grant the defendant’s motion prohibiting prosecutors from mentioning the death of the man who Lewis had shot. He was being tried on a felony charge of…
In an effort to better equip law enforcement officers with skills and information in how to deal with the mentally ill, Vanderburgh County has created a Crisis Intervention Team program.
The full 7th Circuit Court of Appeals won't rehear a case of first impression involving an Indiana woman's claim
that she was wrongfully fired for taking time off for in vitro fertilization, and attorneys haven't decided whether to
seek further review by the U.S. Supreme Court.
The 7th Circuit Court of Appeals reversed a District Court’s ruling in favor a man on his retaliation claim under Title VII of the Civil Rights Act, finding the man didn’t believe his supervisor’s advances and threats were illegal.
An excessive force and wrongful death trial starts in federal court Tuesday involving a Ball State police officer’s shooting of a college student about four years ago.Jury selection begins Tuesday in U.S. District Court in Indianapolis in McKinney v. Duplain. The 21-year-old Michael McKinney was shot four times by campus officer Robert Duplain, who was responding to a report of a stranger pounding on the door of a house early on Nov. 8, 2003. Tests later showed that McKinney had a…
The 64 partners of Sommer Barnard unanimously voted today to approve the firm’s merger with Cincinnati-based Taft Stettinius & Hollister. The vote means Taft Stettinius & Hollister will absorb Sommer Barnard on May 1, meaning Indianapolis will lose one of its largest law firms. Sommer Barnard was founded in 1969 and has 103 lawyers, making it the seventh-largest in the city, according to Indianapolis Business Journal statistics. Taft Stettinius, whose roots date to 1885, has 200 lawyers in Cincinnati and additional…
The Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate the parental rights.
One of Indiana's largest law firms is merging with a Kentucky-based firm in a move to become more of a regional and national player.
The Lake County Bar Association’s inaugural meeting of the business law section will feature Secretary of State Todd Rokita speaking about issues of interest to the business bar.Liz Keele from Indiana Secretary of State’s office and Indianapolis attorney Rich Thrapp, chairman of the Business Law Survey Commission, will also speak. The meeting will be from 11:45 a.m. to 1:30 p.m. CST, Jan. 30 at Teibel’s, Route 30, Schererville.One hour of CLE credit is pending. The lunch is open to LCBA members…
The Indiana Court of Appeals today tackled the meaning of “unaware” in the state’s statute addressing rape in regards to the victim being under the influence of a known date-rape drug. In Herman Filice v. State of Indiana, No. 49A02-0707-CR-591, Chief Judge John Baker authored the unanimous opinion that required the court for the first time to address the various legal issues surrounding the defendant’s sexual contact with a woman who had Rohypnol in her system during the contact. Filice met the…