Appellate court affirms ruling for landowner denied easement use
The Indiana Court of Appeals affirmed a ruling Thursday in favor of a Steuben County landowner who claimed he was wrongly denied access and use of a recorded easement.
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COA to determine jurisdiction of fire departments’ annexation, taxation dispute
The jurisdictional fate of an annexation and taxation dispute involving the Allen County auditor and two Fort Wayne-area fire departments now rests with the Indiana Court of Appeals, which must decide whether the facts of the dispute lend the case to review by the trial court or Tax Court.
Advocate: 2 pardoned brothers steered into financial straits by lawyers
When two wrongfully imprisoned brothers were pardoned after 30 years behind bars, they stood to collect hundreds of thousands of dollars in compensation. Now a federal judge is considering whether too much of their payout is being siphoned away by legal fees and high-interest loans.
Summary judgment for Lake County affirmed in age discrimination case
A group of retired Lake County employees who were fired from part-time, at-will work in order to preserve the county’s financial and health insurance situation cannot succeed on their age discrimination claim against the county because the employees’ age was not the predicate factor in their firing, the 7th Circuit Court of Appeals has ruled.
US Supreme Court review highlights decisions that raise more questions
During a panel discussion on the U.S. Supreme Court’s most recent term, retired Indiana Chief Justice Randall Shepard advised civil attorneys not to ignore the justices’ ruling in a criminal matter.
Man injured in Hendricks County semi-truck accident wins $18.5M verdict
A 46-year old man severely injured in a crash with a semi-truck on I-74 in Hendricks County in 2013 was awarded $18.5 million by a jury last week.
Jury rules against ex-WellPoint VP in suit over firing
A Marion County jury deliberated less than an hour before finding for the defense in former WellPoint Vice President Dr. Randall C. Axelrod’s long-running lawsuit alleging he was wrongly fired after testifying in a case concerning pharmaceutical pricing.
Senate subcommittee approves Legal Services Corp funding
As part of a $53.4 billion spending bill, the U.S. Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies voted Tuesday to sustain funding for legal aid.
Indianapolis boy, 15, charged with murder in triple-slaying
Prosecutors have charged a 15-year-old Indianapolis boy with murder in the fatal shootings of three men.
Opinions July 26, 2017
7th Circuit Court of Appeals
Aaron Carson, et al., and Ronald Paulsin v. Lake County, Indiana
16-3665
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Affirms the district court’s grant of summary judgment to Lake County, Indiana, on the plaintiffs’ federal age discrimination claim. Finds there is no evidence the county engaged in unlawful age discrimination. Also finds the plaintiffs’ equal protection claim fails because the undisputed facts show the county’s action was rationally related to a legitimate state interest: preserving supplement insurance coverage for its retirees while avoiding further financial hardship.
COA rules against mother who used religious exemption to not vaccinate child
An Indiana trial court abused its discretion in denying a father’s petitions to modify custody of his child and to hold the child’s mother in contempt of a paternity decree, the Indiana Court of Appeals ruled, finding the mother intentionally circumvented the terms of the decree that required her to vaccinate their child once the girl went to school.
Indiana joins states in urging US Supreme Court to overturn gun ruling
West Virginia Attorney General Patrick Morrisey, joined by Indiana and three other states, has asked the U.S. Supreme Court to overturn an appeals court ruling they say infringes on gun rights.
Indiana county pays ex-inmates $1.23M in mistreatment case
A southern Indiana county has paid a $1.23 million settlement to former inmates who say they were mistreated at a county jail in Indiana.
Man faces prison for hurling chairs at judge, court staff
A man could be sentenced to six years in prison for hurling chairs at a judge and courtroom staff in central Indiana.
7th Circuit affirms dismissal of state-law claims against Carmel
The 7th Circuit Court of Appeals has affirmed the dismissal of a series of state-law complaints brought against the city of Carmel regarding the city’s traffic ordinance.
Report: Firms making only ‘incremental’ gender parity gains
Men continue to constitute nearly two-thirds of attorneys at law firms across the United States despite recent efforts toward increasing gender parity, a new study on the representation of women in the legal workplace says.
Federal inmates sentenced to mandatory minimums dips
The push beginning in 2010 by Congress and the U.S. Department of Justice to reform sentencing is being linked to a downturn in the number of federal inmates convicted of a crime that carries a mandatory minimum penalty.
COA affirms admission of 911 recording into evidence
The Indiana Court of Appeals affirmed Tuesday a woman’s conviction of misdemeanor criminal recklessness for firing a gun during an argument after the court determined the admission of a 911 call recorded during the incident was not an abuse of discretion.
COA affirms tax sale despite auditor’s noncompliance
An Indiana redevelopment company can move forward with its purchase of two Henry County properties at tax sale after the Indiana Court of Appeals determined the county auditor’s failure to comply with state statute did not invalidate the tax sale process.
Opinions July 25, 2017
Indiana Court of Appeals
Lamasco Redevelopment, LLC v. Henry County, Indiana, Auditor and Henry County, Indiana, Treasurer
33A01-1702-MI-398
Miscellaneous. Reverses the Henry Circuit Court’s order granting the Henry County Auditor and Henry County Treasurer’s request to invalidate Lamasco Redevelopment, LLC’s purchase of two properties at a 2015 tax sale and vacating the court’s order directing that tax deeds be issued to Lamasco for those properties. Finds the auditor’s failure to comply with Indiana Code section 32-21-8-7 did not provide a basis for the trial court to invalidate the tax sale and vacate its orders directing the issuance of tax deeds. Remands with instructions to vacate the order and reinstate the orders to the Auditor to issue tax deeds for both parcels of land to Lamasco.