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COA: Bank not required to restrict withdrawals

The Indiana Court of Appeals today reversed a small claims court ruling that held a bank in contempt for failing to restrict the withdrawal of funds from a garnishee’s account, noting the bank followed procedure according to Indiana Code. In JPMorgan Chase Bank, N.A. v. Laura and Dennis Brown, c/o Green, Richard & Trent and Rebecca Recht, No. 02A03-0801-CV-2, the appellate court had to interpret I.C. Section 28-9-4-2 to determine whether a depository financial institution that has received notice of garnishment proceedings…

Legal Aid receives $9,000

The Tippecanoe County Bar Association has granted $9,000 to the Legal Aid Corporation of Tippecanoe County.The bar association decided at its March 3 meeting to give Legal Aid $8,000 now and an additional $1,000 in September if bar association’s finances allow. Legal Aid is a non-profit United Way agency that provides legal assistance for low-income residents of Tippecanoe County with family-law issues.

Builders want impact fee case dismissed

The Builders Association of Greater Indianapolis wants a lawsuit dismissed that involves the lawfulness of park impact fees in Zionsville. Attorneys for BAGI filed a motion for summary judgment on March 5 in Builders Association of Greater Indianapolis v. Zionsville, which was filed in October 2006 and challenges the town’s impact fee ordinance adopted in 2005.Park impact fees go to recreational land and facilities necessitated by new residents, and are usually paid for by homebuilders when obtaining a building permit to…

Court will hear attorney withdrawal case

The Indiana Supreme Court has agreed to take a case exploring how litigants can proceed on their own after the attorney withdraws prior to trial, particularly when a language barrier may exist.

Missing records case affirmed

Don’t go looking for any reference in a Thursday memorandum opinion relating to missing court files in an Allen County murder case. You won’t find one.The Indiana Court of Appeals affirmed the murder conviction of Daniel Favela, whose case made the news last year after his mother had been jailed for about two weeks on contempt of court charges for taking, hiding, and refusing to turn over the 13-volume file in her son’s appeal. Adela Favela finally returned them to Allen…

Court tackles 2 first-impression issues

The Indiana Supreme Court ruled on a case today in which there were two issues of first impression, finding consolidation of a trial with a preliminary injunction hearing without notice isn't a reversible error unless a showing of prejudice can be made.

COA affirms conservancy district

The Indiana Court of Appeals had the opportunity to determine whether construction of a bridge and road is permitted under Indiana Code when establishing a conservancy district, but didn’t rule on the issue because taxpayers wouldn’t be responsible for paying for construction.In In re: Petition for the establishment of the Millpond Conservancy District, No. 76A03-0711-CV-536, remonstrators argued the trial court erred in establishing a conservancy district initiated by the Town of Hamilton. They claim because the construction of a road and bridge…

New voter ID lawsuit filed

The League of Women Voters of Indiana filed a lawsuit today in Marion County challenging the state’s three-year-old voter identification statute recently upheld by the U.S. Supreme Court.At 2 p.m. today, the organization filed the suit with the Marion Superior Court against Indiana Secretary of State Todd Rokita, arguing that it has the standing to sue on behalf of its members because the state statute burdens potential voters and would cause the league to have to spend “precious resources” assisting voters…

Chief justice to talk on government reform

Just one day after the general election, Indiana Supreme Court Chief Justice Randall T. Shepard will discuss the challenges of local government reform at an event organized by provocate.org.

Indiana law schools rank in annual report

Indiana’s four law schools once again were among the rankings for the U.S. News & World Report’s annual report of graduate schools.Based on data from fall 2007 and early 2008, three of the state’s law schools ranked in the top 100 of schools. The University of Notre Dame Law School is at 22, up from 28 last year; Indiana University School of Law – Bloomington, 36th, retained its ranking from last year; and Indiana University School of Law – Indianapolis is…

7th Circuit: No First Amendment rights violation

The 7th Circuit Court of Appeals upheld summary judgment in favor of a northern Indiana school board regarding prior restraint and First Amendment retaliation claims made by a teacher.

Majority: hospital owed duty to patient

Indiana Court of Appeals judges were split in their decision March 12 regarding whether a hospital that performed a surgery on a woman with suspected domestic violence injuries should have prevented her from leaving with her ex-husband and alleged abuser, who later killed both of them on the way home from the hospital. At issue in Ava McSwane and Danielle Hays v. Bloomington Hospital and Healthcare System and Jean M. Eelma, M.D., No. 53A04-0705-CV-243, is what duty the hospital owed to McSwane’s daughter, Malia…

COA: Growing crops go in marital pot

The Indiana Court of Appeals ruled today that crops growing in the ground that haven’t been harvested are considered marital assets. This is the first time Indiana courts have ruled on the issue. In In Re the Marriage of: James R. Webb v. Nancy J. (Webb) Schleutker, No. 49A02-0707-CV-568, James Webb appealed the trial court decision to include soon-to-be harvested crops in the marital pot. The trial court issued its dissolution decree in February 2007, and included crops growing in August…

Court rules on parental rights terminations

The Indiana Court of Appeals today ruled for the first time on an aspect of a state statute dictating when the Department of Child Services can initiate parental rights termination proceedings.A unanimous decision today affirms a trial court judgment in the case of In the Matter of the Termination of the Parent-Child Relationship of A.B. and Dawn B. v. Department of Child Services, No. 02A03-0712-JV-599. The appellant-respondent’s daughter, when she was 6, was hospitalized in 2002 for violent, uncontrollable behavior and the…

Judge: Love is loser in nonfraternization policy

Although the United Parcel Service Inc. came out as winners in a discrimination case in the 7th Circuit Court of Appeals, love and marriage were deemed the losers by the appellate judges. In Gerald C. Ellis v. United Parcel Service Inc., No. 07-2811, Ellis filed a discrimination claim against UPS after he was fired for fraternizing with a fellow employee. Ellis, a manager who is African-American, claimed he was fired after his supervisors discovered he was dating and eventually married a white…

UPDATE: 5 appellate jurists seek retention

All of Indiana’s appellate jurists facing retention this year will appear on November’s ballot.Facing a Tuesday deadline to file retention paperwork, the five jurists told Indiana Lawyer they hope to return to the Indiana Supreme Court, Court of Appeals, or Tax Court. Chief Justice Randall T. Shepard, Justices Theodore R. Boehm and Brent E. Dickson, Court of Appeals Judge Carr Darden, and Tax Court Judge Thomas G. Fisher are up for retention.The Indiana Secretary of State’s Election Division reports that all…

Professor to testify about foreclosures

A Valparaiso University law professor and expert on predatory mortgage lending and foreclosures will testify in front of the U.S. House Committee on Financial Services Wednesday. Assistant professor Alan White was invited to testify during the committee's hearing at 10 a.m. EDT on "The Implementation of the HOPE for Homeowners Program and a Review of […]

Court: Alleged negligence didn’t cause injury

The Indiana Court of Appeals affirmed a trial court grant of summary judgment in favor of an insurance agent because it found her alleged negligence was not a cause of injury to the plaintiffs. At issue in Jerry and Becky French v. State Farm Fire & Casualty Company and Jane Hodson, No. 18A02-0612-CV-1161, is whether the trial court erred in granting summary judgment in favor of Hodson on the Frenches’ claim of negligent advice and procurement of insurance. The Frenches decided to…

Turnip the root of a law firm scare

A Fort Wayne law firm got a scare yesterday when it received a suspicious package from a disgruntled man included in a lawsuit filed by one of the firm’s clients. The firm believed it could contain a bomb and called 9-1-1. It turns out it was only a turnip. The firm Haller & Colvin called police around 3:15 p.m. Thursday after employees opened a package in a typical cardboard box addressed to the firm. The package contained a gift bag with…