Closing Indiana college faces lawsuit from faculty
Tenured faculty members from a northwest Indiana college that's closing recently filed a lawsuit claiming the college breached its contract with them.
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Opinions April 13, 2017
Indiana Court of Appeals
Wyatt Severance v. New Castle Community School Corporation a/k/a New Castle Career Center, and Turner Melton
33A01-1609-CT-2088
Civil tort. Reverses the Henry Circuit Court’s grant of New Castle Community School Corp.’s motion to strike Wyatt Severance’s expert affidavit and the grant of summary judgment to the school. The trial court erred in granting the school’s motion to strike. Finds there are genuine issues of material fact as to whether the school breached its duty and whether Severance was contributorily negligent precluding summary judgment. Remands for further proceedings.
New Castle Schools negligence case headed to trial
The Indiana Court of Appeals has reversed summary judgment in case stemming from an altercation in a New Castle career program, finding that genuine issues of material fact remain as to whether the school was negligent.
Appellate court affirms teenager’s delinquency adjudication
The Marion Superior Court properly adjudicated an Indianapolis teenager as a delinquent on theft and trespassing charges, the Indiana Court of Appeals decided Thursday, holding the court’s true findings were supported by sufficient evidence.
COA reverses child support modification despite untimely appeal
Despite a father’s untimely filing of an appeal, the Indiana Court of Appeals decided to reverse a child custody modification order, finding there was an “extraordinarily compelling reason” to consider the father’s case on its merits.
Indiana Senate OKs new hurdle for minors seeking abortions
The Indiana Senate sent Gov. Eric Holcomb a measure Wednesday that would make it tougher for a minor to have an abortion without her parents knowing about it, after legislators changed the wording to leave open the possibility that the procedure could still be kept private under some circumstances.
Rolling Stone settles, but fight over rape story isn’t over
Rolling Stone magazine settled a University of Virginia administrator's lawsuit over its discredited story about a rape on campus, but its legal fights over the botched article aren't over.
Melania Trump wins damages from Daily Mail publisher
U.S. first lady Melania Trump has accepted an apology and damages from the publisher of the Daily Mail newspaper for reporting rumors about her time as a model, the two parties in the lawsuit said Wednesday.
Appellate court affirms dismissal of protective order against mother
The Indiana Court of Appeals has affirmed the dismissal of a grandmother’s petition for a protective order on behalf of her grandson and the subsequent ex parte order, holding the grandmother lacked legal standing to file the petition on his behalf.
Opinions April 12, 2017
Indiana Court of Appeals
C.H. v. A.R.
29A05-1607-PO-1625
Order of protection. Affirms the Hamilton Circuit Court order dismissing C.H.’s protective order petition and its ex parte protective order that she sought against A.R. for the protection of A.R.’s son, H.L.. Affirms grant of A.R.’s petition for attorney fees. Finds the trial court did not err.
COA affirms dismissal of armed burglary charge
A Huntington County woman who stole a gun as part of a plan to trade the gun for drugs will not be charged with armed burglary because the gun was not used to “arm” the woman during her crime, the Indiana Court of Appeals ruled Wednesday.
Public Lawsuit Statute not applicable in Tipton Co. case
The Indiana Public Lawsuit Statute that requires litigants to post bond when bringing a public lawsuit did not apply in a Tipton County case in which a couple was seeking to protect their own private interests, rather than public interests, the Indiana Court of Appeals decided Wednesday.
National defense firm opens downtown Indy office
National defense law firm Foley & Mansfield has opened a new law office in Indianapolis, its third new office to open in the last two years.
Lawmakers approve peeping drones crime bill on final passage
Indiana lawmakers are sending Gov. Eric Holcomb a bill targeting drone operators who use the new technology for the age-old crime of voyeurism.
Senators approve ban on sanctuary campuses in final vote
Lawmakers have voted to send the governor a bill banning so-called sanctuary campuses in Indiana.
Tax Court affirms assessments of lakefront property
The Indiana Tax Court has affirmed two property assessments for a lakefront property in northern Indiana, finding that the property owner failed to meet her burden of proof to discredit the county’s assessments.
Coachella isn’t all that chill about its brand
As the multi-weekend music festival has grown to 600,000 attendees paying hundreds of dollars each, the event’s owners have also grown more protective of its identity.
14 states urge appeals court to reinstate travel ban
Texas, Florida and a dozen other states are urging a San Francisco-based federal appeals court to reinstate President Donald Trump's revised travel ban.
Lawsuit against Columbus over crosswalk headed toward trial
Although the city of Columbus has immunity from the policy decisions that may have contributed to a 13-year-old’s injuries when he was struck by a vehicle in a city crosswalk, genuine issues of material fact remain that preclude the city from being awarded summary judgment in a lawsuit, a divided Indiana Court of Appeals has held.
During border visit, Sessions outlines immigration plan
Attorney General Jeff Sessions toured the U.S.-Mexico border Tuesday and unveiled what he described as a new get-tough approach to immigration prosecutions under President Donald Trump.