Public input sought on proposed changes to Tax Court, trial rules
| IL Staff
The Indiana Supreme Court is seeking public comment on proposed rule changes to the Indiana Rules of Court.
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Proposed rule amendment would give judges discretion to allow cameras in court
| IL Staff
A proposed rule amendment to Judicial Conduct Rule 2.17 would give Indiana trial court judges discretion to allow news media to broadcast, televise, record and photograph court proceedings.
Florida trucker gets 55 years for partner’s Indiana slaying
A Florida truck driver has been sentenced to 55 years in prison for fatally stabbing his driving partner while the man was behind the wheel of their truck along an eastern Indiana highway.
House votes to restore abortion rights, Senate odds dim
The House on Friday is expected to vote on two bills that would restore and guarantee abortion access nationwide as Democrats make their first attempt at responding legislatively to the Supreme Court’s landmark decision overturning Roe v. Wade.
Doctor’s lawyer defends steps in 10-year-old girl’s abortion
The lawyer for an Indiana doctor at the center of a political firestorm after speaking out about a 10-year-old child abuse victim who traveled from Ohio for an abortion said Thursday that her client provided proper treatment and did not violate any patient privacy laws in discussing the unidentified girl’s case.
Retired Indiana teacher gets probation for slapping student
A retired Indiana teacher who admitted to grabbing a 15-year-old student and slapping him across the face in a school hallway was sentenced Thursday to one year of probation.
Pryor garners praise at confirmation hearing
Having built a legal career that includes two federal court clerkships, 12 years in the U.S. Attorney’s Office for the Southern District of Indiana and four years as a federal magistrate judge, 7th Circuit Court of Appeals nominee and Southern Indiana District Court Magistrate Judge Doris Pryor sat for her confirmation hearing Wednesday and faced the stiffest questions about a 2019 speech she gave for Constitution Day at her son’s elementary school.
Opinions July 14, 2022
Court of Appeals of Indiana
Franciscan Alliance Inc., d/b/a Franciscan Physician Network v. Louis S. Metzman, M.D.
21A-PL-2171
Civil plenary. Affirms the Montgomery Circuit Court’s ruling that Franciscan Alliance breached its contract with Dr. Louis S. Metzman when it deducted money from his base compensation for taking unpaid time off and that Metzman is not entitled to performance-based compensation or liquidated damages, as well as the trial court’s rejection of Franciscan’s claim-by-claim approach to the distribution of attorney fees. Finds the term “prevailing party” here refers to a single party — the one in whose favor judgment is rendered, even if not to the extent of the original claim. Concludes while it may not always be appropriate to award full fees to the prevailing party, doing so in this case was not an error.
7th Circuit agrees evidence was ‘too vague’ to undermine jury
The 7th Circuit Court of Appeals has upheld an Indiana man’s conviction for rape, finding the evidence presented at trial that linked him to another rape was “too vague” to prejudice the jury.
127-year sentence upheld in ‘horrific’ torture, murder case
A man who brutally tortured and murdered a woman and seriously injured and robbed another individual will keep his 127-year sentence behind bars, the Court of Appeals has affirmed.
COA: Surgeon entitled to salary, attorney fees in breach of contract dispute
A former Franciscan Alliance surgeon will get the money he was guaranteed in his base contract before he was fired and the attorney fees from his case in full but won’t receive any additional performance-based monies or liquidated damages from the health care provider, the Court of Appeals of Indiana has affirmed.
COA splits in reversal for flooded cottage owners
A Kosciusko County couple has secured a partial reversal from a split appellate panel after disputes about their waterlogged cottage revealed genuine issues of material fact and an improper calculation of the property’s value.
Bodies of missing man, 3 kids found in Indianapolis pond
The bodies of a man and his three young children who vanished last week after leaving for a fishing trip were found along with a submerged car in the pond where they were headed, authorities said Wednesday.
Pharmacies can’t discriminate on reproductive health scripts
The Biden administration is warning pharmacies not to discriminate against women who may seek reproductive health prescriptions, including some that might be involved in ending a pregnancy.
Capitol riot hearings raise questions of presidential power
The House Jan. 6 committee’s investigation of the aftermath of the 2020 presidential election and the events leading up to the U.S. Capitol insurrection is raising questions about former President Donald Trump’s role and whether he committed crimes.
Ohio man charged with rape of girl, 10, who traveled to Indiana for abortion
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.
Opinions July 13, 2022
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.
More than $2.5M awarded to Indiana legal aid providers
| IL Staff
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.
COA: Insurance company cannot swerve around state’s UIM Statute
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.
Disciplinary Commission publishes advisory opinion on conflicts of interest
| IL Staff
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.