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A Title IX lawsuit filed by a former student against the Indiana University School of Medicine and its top officials will be able to partially continue after a federal court allowed certain due process allegations arising from the expulsion to proceed.
Indiana Court of Appeals
Trina M. Spainhower v. Smart & Kessler, LLC (f/k/a Smart Kessler & Lowe, LLC), Smart Kessler Lowe (a/k/a Smart & Kessler), John M. Smart, III, Douglas W. Kessler, and Brian K. Lowe
20A-SC-1629
Small claims. Affirms the Johnson Circuit Court’s denial of a fraud claim filed by Trina Spainhower against Smart & Kessler LLC based on the firm’s representation to her that a consultation would be with a licensed attorney belonging to the firm. Finds Spainhower’s claim was not a claim for legal malpractice because the misrepresentation occurred before she met with Matthew Boehning and did not occur within an attorney-client relationship. Also finds that Spainhower did not meet her burden of proof to show that the misrepresentation was made with an intent to deceive or a reckless ignorance of the truth, as required to prove fraud.
A ruling for concrete-industry employees in a breach of confidentiality dispute with their former employer has been affirmed by the Indiana Court of Appeals.
Evidence uncovered during the search of a rental vehicle can be admitted in a man’s Vanderburgh County drug trial, the Indiana Court of Appeals has ruled, finding that the defendant did not have a privacy interest in the rental at the time it was searched.
A Greenwood law firm did not commit fraud when an unlicensed representative consulted with an Indianapolis woman for legal services, the Indiana Court of Appeals has ruled. However, the appellate panel opined that disciplinary grievances filed as a result of the alleged fraud were dismissed too quickly.
Indianapolis Mayor Joe Hogsett said Tuesday he would “prefer” that the Marion County Prosecutor’s Office relocate to the county’s new Community Justice Campus.
A southeastern Indiana teenager has been convicted of suffocating two of his young siblings months apart in 2017, when he was 13 years old.
A Democratic senator said the U.S. Justice Department needs to look into whether the algorithm-powered police technologies it funds contribute to racial bias in law enforcement and lead to wrongful arrests.
What does full approval of Pfizer’s COVID-19 vaccine mean? It means Pfizer’s shot for people 16 and older has now undergone the same rigorous testing and regulatory review as dozens of other long-established vaccines.
The Marion County Prosecutor’s Office hasn’t decided whether it will move to the city’s new Community Justice Campus or remain in its downtown Indianapolis location for years to come.
Indiana Court of Appeals
Alan Lee Bennett v. State of Indiana
20A-CR-2061
Criminal. Affirms Alan Lee Bennett’s conviction of murder. Finds the state did not violate Bennett’s due process rights. Also finds the Spencer Circuit Court did not err in limiting the admission of evidence of voluntary intoxication, because admitting such evidence to advance a self-defense claim would run afoul of Indiana Code § 35-41-2-4.
The Indiana Supreme Court last week appointed a pair of senior judges to serve as judges pro tempore in St. Joseph Superior Court while a panel works to fill open positions on the Superior Court bench.
Deciding a “novel issue grounded in tragedy,” the Indiana Court of Appeals on Monday affirmed summary judgment for a 2-year-old’s maternal grandparents after the child drowned in their backyard pool.
A Spencer County man who shot and killed his girlfriend failed to convince the Indiana Court of Appeals to overturn his murder conviction on evidentiary grounds.
A man suspected of fatally shooting a woman and her granddaughter outside a central Indiana automotive seating plant where all three worked was formally charged with murder Friday, and prosecutors plan to seek the death penalty if he’s convicted.
A judge has ordered the government to take money from the prison account of a former Michigan sports doctor who owes about $58,000 to victims of his child pornography crimes. Larry Nassar has received about $13,000 in deposits since 2018, including $2,000 in federal stimulus checks, but has paid only $300 toward court-ordered financial penalties and nothing to his victims, prosecutors said.
The U.S. gave full approval to Pfizer’s COVID-19 vaccine on Monday, a milestone that may help lift public confidence in the shots as the nation battles the most contagious coronavirus mutant yet. The vaccine made by Pfizer and its partner BioNTech now carries the strongest endorsement from the Food and Drug Administration, which has never before had so much evidence to judge a shot’s safety.
An Indianapolis police officer was injured and briefly hospitalized following a well-being check early Sunday, authorities said.
Pennsylvania prosecutors dropped their case Friday against a jail guard accused of sexually abusing inmates, saying they were hamstrung by the recent state Supreme Court decision that freed Bill Cosby.
A federal appeals court on Friday said a pause on evictions designed to curb the spread of the coronavirus can remain in place for now, setting up a battle before the nation’s highest court.