Indiana prison official charged with molesting child
The technology director at the Indiana Department of Correction has been charged with molesting a child at his home on prison property in Pendleton.
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Indiana parents of girl who fell to her death sue cruise company
The parents of a toddler who fell to her death out of an open cruise ship window in Puerto Rico filed a lawsuit Wednesday against Royal Caribbean Cruises, accusing the company of negligence by allowing the window to be opened.
Opinions Dec. 11, 2019
Indiana Court of Appeals
Jun Li and Jimmy Chung Fai Tam v. NextGear Capital, Inc.
19A-CC-608
Civil collection. Reverses the denial of Jun Li’s motion to set aside default judgment in a complaint filed by NextGear Capital, Inc. Finds Li has demonstrated grounds for setting aside the entry of default judgment pursuant to Trial Rule 60(B)(1) and has alleged a meritorious defense. Also finds the trial court abused its discretion in denying his motion to set aside default judgment. Remands for further proceedings. Judge Margret Robb concurs with separate opinion.
Memorial service announced for Valpo law professor
| IL Staff
A celebration of life for attorney and Valparaiso Law School professor David Welter, who died unexpectedly Monday, has been scheduled for Friday. Welter, a graduate and longtime faculty member of the northern Indiana law school, was 59.
Split COA affirms ex-doctor’s probation revocation
An order for a former doctor involved in a pill mill scheme to serve thousands of days in jail for violating probation has been affirmed. A divided Indiana Court of Appeals panel concluded there was enough evidence to prove a new offense was committed.
Findings not made to dispense with biological father’s adoption consent
The Indiana Court of Appeals has remanded a granted adoption petition after finding a trial court failed to make findings that would allow for the children’s biological father’s consent to be dispensed with.
We the People finals bring return champions
| IL Staff
Déjà vu retained its grip on the winner’s circle after three days of competition at the 2019 Indiana We the People State Finals, which brought nearly 600 middle and high school students to Indianapolis Dec. 8-10.
COA: Elkhart pastor incorrectly found in contempt, ordered to jail
A years-long dispute between an Elkhart pastor and members of his congregation has resulted in a reversal from an appellate panel that determined a trial court erred in ordering the faith leader to spend one month in jail.
Default judgment reversed in car dealership collections case
Default judgment against a former auto dealership executive has been set aside after the Indiana Court of Appeals found excusable neglect in an executive’s failure to adequately respond to a collections complaint.
7th Circuit order would have allowed federal execution
Though a Supreme Court order ultimately prevented the government from executing an Indiana inmate on Monday, an earlier 7th Circuit Court of Appeals ruling would have allowed the execution to proceed as scheduled.
Split COA: Prosecutor can file for paternity at putative father’s request
A divided panel of the Indiana Court of Appeals has reversed the dismissal of an alleged father’s time-barred petition seeking to establish paternity of a child. The majority held a prosecutor is authorized to pursue such a request outside the general two-year statute of limitations. A dissenting judge, however, warned the holding “makes a mockery” of the two-year statute of limitations in paternity cases.
Ex-Evansville mayor enters Indiana attorney general race
| Associated Press and IL Staff
A former mayor of Evansville is the second Democrat seeking to unseat embattled Republican Indiana Attorney General Curtis Hill, setting up potential convention fights for the nomination next year in both political parties.
Justices seem to favor insurers’ Obamacare claims for $12B
The US Supreme Court appeared likely Tuesday to rule that insurance companies can collect $12 billion from the federal government to cover their losses in the early years of the health care law championed by President Barack Obama.
Lake County might ease up on prosecuting marijuana possession
| Associated Press and IL Staff
A northwestern Indiana county near Michigan and Illinois is proposing to relax penalties for marijuana possession after the neighboring states legalized pot use.
Holcomb backs ban on drivers using handheld phones
Indiana’s governor on Tuesday threw his support behind a statewide ban on drivers using handheld cellphones as well as a plan to raise the minimum age for smoking and vaping to 21. Gov. Eric Holcomb made the proposals central to his 2020 legislative agenda.
DTCI: Outstanding defense attorneys honored
In conjunction with its 2019 Annual Meeting in Bloomington Nov. 21-22, DTCI recognized the outstanding defense lawyers of the year.
Dreyer: ‘The future ain’t what it used to be’
When Yogi said “the future ain’t what it used to be,” he was talking about uncertain times to come. So what is the future of the legal system?
Lindman: Trademarks in the Supreme Court: 2019-2020
One could assume that significant issues in federal trademark law were decided long ago; yet, the Supreme Court issued two trademark decisions in 2019 that fundamentally impact trademark protection and has granted certiorari in three trademark cases for the 2019-2020 term.
‘Children are children’: Coalition forms after legislative attempt to lower waiver age
The Children’s Policy and Law Initiative of Indiana and more than 20 nonprofits and community groups have joined together to form the Indiana Coalition for Youth Justice, which advocates for reform in the juvenile justice system so that it offers treatment, programs and interventions that are age-appropriate, fairly applied and result in the best possible outcomes for Indiana children and public safety.
Banta: I bought the law (and the law won?): Georgia v. Public.Resource.Org, Inc.
The primary reason for the cost of access to legal texts is the ability of the text owners to prohibit unlicensed copying of those works through copyright enforcement. It is one thing when the owner is a private entity, but how do you feel about this prohibition when the owner is a state government?