Warrant issued for former University of Evansville coach
A judge has issued an arrest warrant for former University of Evansville basketball coach Walter McCarty after he missed a court hearing in a civil lawsuit filed on behalf of a bank.
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Appeals court affirms breach of contract claim after sewage leak
In a dispute between a property owner and an association of property owners over a sewage mishap, the Indiana Court of Appeals ruled that the even though the association was not negligent, it still breached its contract.
Opinions Oct. 30, 2020
Indiana Court of Appeals
Nathan Kluger and Laura Kluger v J.J.P. Enterprises, Inc. d/b/a SERVPRO of North Lexington
20A-PL-235
Civil plenary. Reverses the grant of partial summary judgment in favor of J.J.P. Enterprises Inc. d/b/a Servpro of North Lexington and against Nathan and Laura Kluger. Finds that the $150 contract-price threshold under Indiana’s Home Improvement Contracts Act has been satisfied as a matter of law in this instance, so the Posey Circuit Court erred in granting Servpro’s motion for partial summary judgment. Remands with instructions that the trial court enter partial summary judgment in the Klugers’ favor and to conduct further proceedings consistent with the opinion.
COA reverses against restoration company in dispute over tornado-torn home
The Indiana Court of Appeals has reversed for a Posey County couple whose home sustained damage following a tornado, finding that partial summary judgment was incorrectly awarded to a restoration company the couple hired to fix the roof.
Weinzapfel: ‘The time is now’ to legalize pot in Indiana
Democratic Indiana attorney general candidate Jonathan Weinzapfel is calling for the full legalization of marijuana in Indiana, saying the time has come for the state to take a “common sense” approach to the substance.
National bankruptcy filings continue decline despite COVID unemployment
| IL Staff
Despite continued high unemployment related to the coronavirus pandemic, personal and business bankruptcy filings in the United States continued a sharp decline for the second straight quarter.
IUPUI mock trial competition seeking volunteer judges
| IL Staff
Volunteers are being sought from the Indiana legal community to serve as judges at the Indiana University – Purdue University Indianapolis Mock Trial Team invitational next month.
Final day for Indiana Lawyer 2021 Corporate Counsel Guide submissions
| IL Staff
Friday is the last day corporate counsel, general counsel and attorneys representing entities of all kinds can submit their information for the 2021 Corporate Counsel Guide, Indiana Lawyer’s exclusive annual directory of attorneys representing corporations, small businesses, nonprofits, government agencies and other organizations.
Top political analyst changes outlook for 5th District race to ‘tilt Democrat’
A major political analyst has changed the outlook for Indiana’s 5th Congressional District from toss-up to “tilt Democrat.” Inside Elections made the rating change this week for the tight race between Republican state Sen. Victoria Spartz and former Democratic state lawmaker Christina Hale.
Arbitrators deny J.P. Morgan’s request for damages against three former advisers
An arbitration panel has denied J.P. Morgan Securities LLC’s request to collect more than $1.5 million in damages and fees from three former Carmel employees who left the firm to join Raymond James & Associates in 2018.
Trio charged with killing brothers in White Co.
Three people have been charged with two counts of murder each in the shooting deaths of two brothers in their northwestern Indiana home.
East Chicago girl, 8, dies after being shot while doing homework
An 8-year-old northwest Indiana girl has died days after she was shot in the head by stray gunfire as she did her homework, authorities said. No suspects are in custody and anyone that might have information about the shooting should contact the authorities.
Supreme Court issues flurry of last-minute election orders
At first blush, the difference in outcomes at the U.S. Supreme Court in cases regarding the counting of absentee ballots seems odd because the high court typically takes up issues to harmonize the rules across the country. But elections are largely governed by states, and the rules differ from one state to the next.
Lawsuit claims IU violated Constitution in search of ID card data
Four students at Indiana University Bloomington who were part of an investigation into allegations of hazing at a fraternity have filed a federal lawsuit and are trying to block the school from accessing the swipe data from students’ ID cards without a warrant.
IMPD, BLM reach settlement on tear gas use against protestors
Indianapolis police officers will not deploy tear gas or use similar acts of force against peaceful protestors or those engaging in passive resistance during a protest, pursuant to a new settlement between the police and a local Black Lives Matter organization.
Opinions Oct. 29, 2020
Indiana Court of Appeals
Jerome W. Gibbs v. State of Indiana
20A-CR-770
Criminal. Reverses Jerome Gibbs’ Level 5 felony conviction and remands the matter to the Marion Superior Court with instructions to enter a conviction and sentence for Class A misdemeanor domestic battery. Finds that the evidence that Gibbs was Tonja Smith’s boyfriend and that he was with her while she was on her scooter was an insufficient basis on which to conclude Gibbs voluntarily assumed care of Smith.
New Supreme Court double jeopardy tests lead to COA reversal
An appellate panel has reversed a man’s confinement and kidnapping convictions for violations of substantive double jeopardy, following the lead of two recent Indiana Supreme Court decisions that changed the double jeopardy analysis.
Fort Wayne cabaret clubs lose appeal against city ordinance
Several Fort Wayne adult cabarets could not convince the Indiana Court of Appeals that an ordinance proposed by the city would pose irreparable harm to their businesses if enforced.
Reversal: Man who knocked girlfriend off scooter did not voluntarily assume her care
A man who knocked his obese girlfriend off an electric scooter and onto the ground has had his felony domestic battery conviction reversed by the Indiana Court of Appeals.
Bar Foundation supporter encouraging donations
Timothy Abeska, a retired South Bend attorney, is providing needed financial support to the Indiana Bar Foundation and, through a just-announced matching initiative, is incentivizing others to do the same.