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An Ohio man has been charged with raping a 10-year-old girl whose case drew national attention following a doctor’s comments that the child had to travel to Indiana for an abortion, an account that had led some prominent Republicans — including Ohio’s attorney general and a congressman — to suggest it was fabricated.
Court of Appeals of Indiana
Donald Kearschner v. American Family Mutual Insurance Company, S.I.
21A-CT -1888
Civil Tort. Reverses summary judgment granted to American Family Mutual Insurance Co. and remands for further proceedings in Owen Circuit Court. Finds American Family’s policy provision reducing Donald Kearschner’s underinsured motorist policy limit to zero based on the payment he received from worker’s compensation provided less coverage than the state’s underinsured motorist statute, Indiana Code § 27-7-5-2, required and is inconsistent with the view that the UIM Statute is a full-recovery, remedial statute. Concludes Kearschner is entitled to the difference between his underinsured policy limit of $100,000 and the $50,000 he received from the tortfeasor’s insurer.
Legal aid providers around the state that offer civil legal assistance to low-income Hoosiers have received a financial boost totaling more than $2.5 million from the Indiana Bar Foundation.
A worker injured in a car accident while on the job will receive payment from his insurance company after the Court of Appeals of Indiana found the policy provision which reduced coverage by the amount paid on a workers’ compensation claim payment did not comport with the state’s underinsured motorist statute.
The Indiana Supreme Court Disciplinary Commission has issued an advisory opinion focused on when attorneys must decline to represent a client or withdraw from a current representation due to a conflict of interest.
U.S. Attorney for the Southern District of Indiana Zachary Myers has been chosen to chair the Attorney General’s Advisory Committee’s cyber and intellectual property subcommittee, tackling issues at the intersection of law enforcement and high technology.
A new wave of anger swept through Uvalde on Tuesday over surveillance footage of police officers in body armor milling in the hallway of Robb Elementary School while a gunman carried out a massacre inside a fourth-grade classroom where 19 children and two teachers were killed.
Surging prices for gas, food and rent catapulted U.S. inflation to a new four-decade peak in June, further pressuring households and likely sealing the case for another large interest rate hike by the Federal Reserve, with higher borrowing costs to follow.
A western Indiana man is accused of dismembering his girlfriend with a chain saw and putting her remains in trash bags after she died while they were smoking methamphetamine.
Indiana Gov. Eric Holcomb sidestepped taking a stance Tuesday on how far the Republican-dominated Legislature should go in restricting abortions when state lawmakers begin a special session in less than two weeks.
Magistrate Judge Doris Pryor of the Southern Indiana District Court is scheduled to appear Wednesday before the Senate Judiciary Committee for her confirmation hearing to the 7th Circuit Court of Appeals.
In denying Indiana’s request for an award of costs for successfully defending a lawsuit that had challenged the state’s foster care system, the 7th Circuit Court of Appeals highlighted the appellate procedure rule that limits who can be held responsible for reimbursements.
A dispute over who can make purchasing decisions and collect data for Lake County has been resolved in favor of the Lake County Council, despite opposition from the county’s commissioners.
Court of Appeals of Indiana
Lake County Board of Commissioners v. Lake County Council
21A-MI-1805
Miscellaneous. Affirms the grant of summary judgment for the Lake County Council and the denial of summary judgment for the Lake County Board of Commissioners, and the denial of the commissioners’ motion to correct error, in their dispute over which entity had the statutory authority to act as the county’s purchasing agent and to create a data-processing agency. Finds the Lake Superior Court did not abuse its discretion by denying the commissioners’ motion to correct error as its award of summary judgment in favor of the council was proper.
An Indiana woman seriously injured in a car crash was wrongfully denied $10,000 in uninsured motorist coverage from her insurer, the Court of Appeals of Indiana affirmed Tuesday. The insurance company’s actions also led the appellate court to question whether it acted in good faith.
The 7th Circuit Court of Appeals has vacated a permanent injunction against a Westfield billboard ordinance following a U.S. Supreme Court opinion that “bears heavily” upon the case.
A Clarksville man has been sentenced to 40 months in federal prison for wire fraud and money laundering offenses related to an investment scheme.
The Indianapolis attorney charged in connection with the Jan. 6, 2021, riot at the U.S. Capitol is asking a federal judge to dismiss the criminal charges against him for lack of evidence.
Several injunctions entered as part of what has been called a “global assault” on Indiana’s abortion regulation scheme were lifted Monday following the U.S. Supreme Court’s ruling that ended the constitutional right to an abortion.
Federal prosecutors will not seek the death penalty against an Indiana man charged in the fatal shooting of a Terre Haute police detective who was also an FBI task force officer.