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Indiana lawmakers move forward on legal sports gambling

Indiana could join several states in legalizing sports betting following a committee’s unanimous recommendation that lawmakers consider the change. The Interim Study Committee on Public Policy voted this month to recommend legislation to bring legal sports betting to Indiana.

COA affirms breach, fraud, unjust enrichment claims brought by bank

A bank that brought breach of contract, fraud and unjust enrichment claims against its loanee won each of those claims on appeal, but failed to state a claim that the loanee violated the “usual and customary practices” laid out in its participation agreement, according to a Friday opinion from the Indiana Court of Appeals.

Opinions Oct. 26, 2018

Indiana Court of Appeals
M Jewell, LLC v. Roger Bainbridge, in his capacity as Grant County Auditor; Sarah A. Melford, in her capacity as County Treasurer; John Lawson, in his capacity as a Grant County Commissioner; et al.
18A-MI-36
Miscellaneous. Affirms the Grant Superior Court’s grant of summary judgement to SRI, Inc. on M Jewell, LLC’s third-party beneficiary claim. Finds the trial court properly awarded summary judgment to SRI. Finds M Jewell cannot be considered as a third-party beneficiary to the agreements made between Grant County and SRI because language in the agreements did not indicate an intention to benefit tax purchasers.

Pakistanis lose initial challenge to ‘secret’ immigration denial

Two Pakistani immigrants have lost their initial bid for the government to reopen their denied applications for permanent residency, with a district judge ruling their request for injunctive relief against a “secret” policy designed to withhold permanent resident status from certain immigrants is premature.

Reversal: Bonded projects not ‘completed’ under language of agreement

The Indiana Court of Appeals reversed and remanded the grant of summary judgment in favor of an investment firm after it found that a series of bonded projects were not completed within the scope of the meaning of “completion” as set forth by an agreement between the litigants.

Supreme Court accepts resignation, imposes suspension

The Indiana Supreme Court has accepted the resignation of a Hoosier attorney who faced multiple felony drunken-driving counts. Justices also ordered reciprocal discipline for another lawyer who was removed from the practice of law by the Seventh Circuit Court of Appeals.

Jury award of $21M in drunk driving crash upheld

A Marion County jury’s award of more than $21 million to a passenger rendered paraplegic when an intoxicated friend crashed his truck after a night of drinking was upheld Friday by the Indiana Court of Appeals. 

Suit against Hill could cost taxpayers; accusers to name state

The Indiana Attorney General’s Office is now in the process of investigating a complaint filed against it, the state and Attorney General Curtis Hill after four women who publicly accused Hill of groping them at a party filed official notice of a civil lawsuit. If the women succeed on their claims against state defendants, taxpayers could be on the hook to pay any judgments.

Bosma: GOP lawmaker home, recovering after crash

Indiana’s House speaker says a top-ranking Republican lawmaker is recovering at home more than a month after a serious motorcycle accident in Michigan. Speaker Brian Bosma said in a statement Thursday that House Ways and Means Chairman Tim Brown is in therapy and continues to improve.

Appeal heard in fatal trucking product liability case

The Indiana Supreme Court heard oral argument Thursday morning on a product liability case, hearing a national motor company’s appeal in a matter involving a worker’s death that includes defective design claims.

Siblings’ trust agreement enforced in probate splits COA

The termination and division of a multi-generational trust containing more than 422 acres of land was affirmed Thursday by the Indiana Court of Appeals, which split on the question of whether a probate court could adjudicate a separate agreement between two heirs.

Justices hear challenge to civil forfeiture disbursements

Contrary readings of Article 8, Section 2 of the Indiana Constitution and its implication on Indiana’s civil forfeiture statute were at issue Thursday when the Indiana Supreme Court heard oral arguments in a case brought by the Virginia-based Institute for Justice.

Justices: Fantasy sports excepted from right of publicity

The Indiana Supreme Court answered a certified question posed by the 7th Circuit Court of Appeals on how Indiana’s right-to-publicity statute affects the fantasy sports industry, finding sites such as DraftKings and FanDuel are shielded by an exception for material with newsworthy value.

Fired, arrested Walmart worker loses appeal

The Indiana Court of Appeals affirmed the grant of summary judgment for Walmart when it found a former employee at its Greencastle store who was fired and arrested for theft after buying deeply discounted tires could not support his claims against the retail giant.