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The Indiana Supreme Court is taking steps to help trial courts handle the coming backlog of cases, extending certain emergency operations due to the COVID-19 public health emergency through as late as January 2021.
The Supreme Court on Monday upheld the oversight board established by Congress to help Puerto Rico out of a devastating financial crisis that has been exacerbated by the coronavirus outbreak, recent earthquakes and damage from Hurricane Maria in 2017. The justices reversed a lower court ruling that threatened to throw the island’s recovery efforts into chaos.
Indiana’s top election official on Friday rejected a request for extending the deadline for returning mail-in ballots for next week’s primary election, despite worries that thousands of them could arrive late and go uncounted.
A former Indiana Department of Correction worker is charged with murder and other offenses in the stabbing earlier this month of three people, two of them fatally, according to documents released Friday during a hearing.
The federal government is seeking the public’s input on its plan to clean up groundwater contamination at a Superfund site in Indianapolis that’s tainted with chemicals used by a dry cleaning company.
A divided Supreme Court on Friday rejected an emergency appeal by a California church that challenged state limits on attendance at worship services that have been imposed to contain the spread of the coronavirus.
The police officer who was seen on video kneeling on the neck of George Floyd, a handcuffed black man who died in custody after pleading that he could not breathe, was arrested Friday and charged with murder in a case that sparked protests across the United States and violence in Minneapolis.
Indiana Supreme Court
River Ridge Development Authority v. Outfront Media, LLC, David Watkins, No Moore, Inc., the Schlosser Family Limited Partnership, the Town of Utica, and the Utica Board of Zoning Appeals
19S-PL-645
Civil plenary. Reverses the Clark Circuit Court’s award of $237,440.63 in attorney fees to Outfront Media, LLC, David Watkins, No Moore, Inc., the Schlosser Family Limited Partnership, the Town of Utica, and the Utica Board of Zoning Appeals. Holds that the trial court’s decision was an abuse of discretion. Neither the common-law obdurate behavior exception nor the General Recovery Rule — both of which require a “prevailing party” — allow an award of attorney fees when a party voluntarily dismisses its complaint, as River Ridge did. The record also lacks evidence to show that River Ridge litigated in bad faith and that its conduct was calculatedly oppressive, obdurate, or obstreperous.
The Indiana Court of Appeals has again rejected a Monroe County resident’s requested preliminary injunction that would prevent logging from taking place on land near his home.
The Indiana Supreme Court on Friday threw out an award of more than $237,000 in attorney fees in a lawsuit over seven billboards outside Utica, Indiana. Justices found the Clark Circuit Court lacked a basis for awarding fees to the parties who sued a regional development entity that sought to restrict billboards along State Road 265 just north of Louisville.
A former environmental chemist who was fired from his longstanding position at the Indiana Department of Environmental Management could not convince a panel of the Indiana Court of Appeals that he was terminated for being a whistleblower.
The man accused of shooting two judges during an Indianapolis altercation more than a year ago — and whose attorneys unsuccessfully pressed for the release of surveillance video of the incident they say backs up his self-defense claim — is back behind bars, held without bond after a minor pretrial release violation. The arrest on a warrant appears to conflict with an Indiana Supreme Court order for trial courts to issue arrest warrants only in emergency cases due to concern about the spread of COVID-19 behind bars.
The nearly 500 applicants who have registered to take the Indiana Bar Exam in July will need to have external webcams, quiet rooms and be prepared to write extensively for the test that will be given remotely for the first time because of the coronavirus pandemic.
Twitter has added a warning to one of President Donald Trump’s tweets about protests in Minneapolis, saying it violated the platform’s rules about “glorifying violence.”
Cheering protesters torched a Minneapolis police station that the department abandoned as three days of violent protests spread to nearby St. Paul and angry demonstrations flared across the U.S over the death of George Floyd, a handcuffed black man who pleaded for air as a white police officer kneeled on his neck.
Thousands of voters in Marion County who planned to vote by mail in Tuesday’s election may not have the opportunity because they won’t receive their ballots in time, Marion County Clerk Myla Eldridge told state officials in a letter Thursday.
An Indiana State Bar Association online program geared toward newly admitted attorneys is hoping to prepare and equip new lawyers on how to begin their legal careers in the midst of uncertain times posed by COVID-19.
The longstanding dispute over whether the Indiana Department of Correction can keep the identities of its lethal-injection drug suppliers secret reached the Indiana Supreme Court this week, with the parties offering strongly divergent views on Hoosier public access laws and constitutional rights.
Indiana Court of Appeals
Universal Auto, LLC, d/b/a James Myers v. Cory Murray
19A-PL-1225
Civil plenary. Affirms the Marion Superior Court’s entry of judgment in Cory Murray’s favor on his contract claim for damages and Universal Auto LLC’s counterclaim for damages and attorney’s fees. Finds Murray had not defaulted on the sales contract when Universal repossessed his vehicle. Also finds that Universal failed to carry its burden of demonstrating prima facie error concerning its counterclaim and Murray’s contract claim.
An auto dealer couldn’t sway an appellate court’s ruling for one of the dealer’s customers after the court found the man who immediately had problems with the vehicle hadn’t defaulted on his sales contract because payment was not due.