Parents lose bid to restore parental rights
A mother and father who continually failed to provide adequate care for their children could not convince the Court of Appeals of Indiana to restore their parental rights.
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COA: Carmel not liable for alleged negligence by parks department employees
A mother who sued the city of Carmel after her child was allegedly bullied and “pseudo sexually assaulted” during a camp put on by the local parks department has not convinced the Court of Appeals of Indiana that the city should be held liable.
Judge weighs whether to unseal records in Delphi teens’ killings
An Indiana judge said Tuesday that she will decide soon whether to unseal court records that led to a man’s arrest in the 2017 killings of two teenage girls from Delphi.
Opinions Nov. 22, 2022
Court of Appeals of Indiana
S.E., Minor Child, By Next Friend, Katherine Danley Glaser, and Katherine Danley Glaser v. City of Carmel, Indiana
22A-CT-520
Civil tort. Affirms summary judgment for the city of Carmel in a dispute with Katherine Danley Glaser, mother of S.E. Finds the record shows no genuine issues of material fact that the city and the Carmel/Clay Department of Parks and Recreation are separate political subdivisions under an interlocal agreement’s terms, state statutes and caselaw, so the city cannot be held liable for the negligent acts or omissions of the parks department or its employees pursuant to Indiana Code 34-13-3-3-(a)(10).
Abortion doc Bernard takes stand, maintains she followed appropriate steps in reporting abuse in 10-year-old Ohio girl’s case
Tension in the air was palpable as Dr. Caitlin Bernard took the stand Monday to be questioned in an ongoing debate about her role in providing an abortion to a 10-year-old Ohio girl.
Man gets 50-year prison sentence for northern Indiana barn fires
A man who pleaded guilty to torching several barns last year in a northern Indiana county was sentenced Monday to 50 years in prison followed by decades on probation.
U.S. Supreme Court takes Jack Daniel’s case against dog toy maker
The United States Supreme Court said Monday it will hear a dispute over a dog toy that got whiskey maker Jack Daniel’s barking mad.
Jan. 6 sedition trial of Oath Keepers founder goes to jury
As an angry mob stormed the U.S. Capitol, ready to smash through windows and beat police officers, Oath Keepers founder Stewart Rhodes extolled them as patriots and harkened back to the battle that kicked off the American Revolutionary War.
Opinions Nov. 21, 2022
Court of Appeals of Indiana
Scottsdale Insurance Company, et al. v. Harsco Corporation
21A-PL-2483
Civil plenary. Affirms and reverses in part the entry of summary judgment in favor of Harsco Corporation, ordering Scottsdale Insurance Company to pay Harsco approximately $70,000 in defense costs and approximately $5 million in indemnification and interest. Finds Harsco is not entitled to indemnification pursuant to either the commercial general liability policy or the umbrella policy with Scottsdale. Also finds Scottsdale failed to establish that the Marion Superior Court erroneously ordered it to pay any portion of the $70,975.93 to Harsco pursuant to Scottsdale’s duty to defend. Remands with instructions to enter judgment in favor of Harsco in the amount of $70,975.03.
Pendleton inmate loses appeal of murder conviction after fatal prison stabbing
An inmate who used a makeshift weapon to fatally attack another inmate did not convince the Court of Appeals of Indiana that his murder conviction should be reversed.
Multimillion dollar award evaporates under COA review of policy language
A contractor awarded $5.2 million in damages in a personal injury settlement lost most of it after the Court of Appeals of Indiana found the use of “you” and “your” in the insurance policy did not entitle the contractor to indemnification.
2nd vacancy opening on Marion Superior Court with Eichholtz retirement
| IL Staff
The Marion County Judicial Selection Committee will stay busy this winter, as there’s now a second opening in the Marion Superior Court.
Federal judge: IN Legislature didn’t violate Title VII rights of ex-AG Hill accusers
The Indiana House of Representatives and Indiana Senate did not violate the Title VII rights of a trio of former employees who accused former Indiana Attorney General Curtis Hill of sexual harassment, a federal judge has ruled.
Indiana Chamber, state lawmakers lay out legislative priorities
Lowering health care costs, improving child care access, attracting and retaining talented employees, and creating a state energy plan are among the top priorities of business leaders as Indiana lawmakers prepare to return to the Statehouse next year.
U.S. Supreme Court turns away school’s appeal of sex-assault case
The U.S. Supreme Court won’t hear an appeal from a Virginia school board that says it shouldn’t be held liable for the alleged sexual assault of a student by a classmate on a band trip.
Gay bar shooting suspect faces murder, hate crime charges
The man suspected of opening fire at a gay nightclub in Colorado Springs was being held on murder and hate crimes charges Monday, two days after the attack that killed five people and wounded many others.
Man pleads guilty in death of pedestrian on Fort Wayne trail
A Fort Wayne man pleaded guilty to reckless homicide Friday for fatally striking a pedestrian with his car while she walked on a portion of a planned State Visionary Trail.
Elkhart man gets 100 years in fatal beating of stepson, 4
A northern Indiana man has been sentenced to 100 years in prison for beating his 4-year-old stepson to death.
Lawmakers urge action after report of other high court leak
The chairman of the Senate Judiciary Committee said his panel is reviewing “serious allegations” in a report that a former anti-abortion leader knew in advance the outcome of a 2014 Supreme Court case involving health care coverage of contraception.
New special counsel has long career confronting corruption
As a newly named special counsel, Jack Smith will be tasked with overseeing probes into the retention of classified documents at former President Donald Trump’s Florida estate as well as aspects of an investigation into efforts to overturn the 2020 election.
