Oakes to preside over Marion Superior Executive Committee
Marion Superior Civil Division 2 Judge Tim Oakes has been elected the presiding judge of the Marion Superior Executive Committee, which oversees the operation and conduct of the court.
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Opinions Jan. 20, 2017
Indiana Court of Appeals
Kevin T. Williams v. Unifund CCR, LLC
71A04-1604-CC-901
Civil collection. Reverses the St. Joseph Circuit Court’s judgment in favor of Unifund CCR LLC on Unifund’s complaint against Kevin T. Williams for nonpayment of credit card debt. Finds the trial court abused its discretion in entering judgment in favor of Unifund.
COA overturns judgment in favor of credit card debt collector
The Indiana Court of Appeals has reversed judgment in favor of a credit card debt collector after determining that the collector failed to establish that it owned the account it was trying to collect on.
Foreclosure suit alleges landscaping firm affiliate owes more than $6M on loan
An affiliate of Indiana landscaping firm Mainscape Inc. has been hit with a foreclosure lawsuit claiming it owes more than $6 million on a building it owns in Indianapolis.
Indiana settles with securities firm over agent who ran Ponzi scheme
The state has reached a $275,000 settlement with NYLife Securities LLC over the activities of an Indiana wealth manager who killed himself in 2013 while being investigated for operating a Ponzi scheme that took millions of dollars from dozens of investors.
Legal software firm gets boost under new leadership
When John Shane took a sales leadership job with contract-software maker Ntracts LLC in March 2015, the company had about 40 clients and was getting one or two inbound leads a month.
Former COO of health firm claims discrimination in firing
A former executive at an Indianapolis-based chain of health clinics says he was fired because of his age, race and national origin, and in retaliation because he stood up for one of his female managers.
Zoeller ends public service with donation to bar foundation
Saying he is stepping out of public life, former Indiana Attorney General Greg Zoeller has donated his remaining campaign funds to the Indiana Bar Foundation.
GOP lawmaker targets protesters obstructing traffic
An Indiana lawmaker says disturbing newscasts of chaotic and sometimes violent protests across the U.S. helped lead him to propose a bill that would direct police to use "any means necessary" to breakup mass gatherings that block traffic.
Consumer agency accuses Navient of ‘systematically’ cheating borrowers
Navient Corp. has been sued by a U.S. regulator over allegations that the student loan giant “systematically” cheated borrowers.
Federal court expected to block Anthem-Cigna deal, report says
Anthem Inc. on Thursday said it was extending the termination date for its pending $54 billion merger with Cigna Corp.—a deal that is expected to be blocked by a federal judge, according to a new media report.
Opinions Jan. 19, 2017
Indiana Court of Appeals
Dermatology Associates, P.C. and Sonya Campbell Johnson, M.D. v. Elizabeth C. White v. Commissioner of Indiana Department of Insurance, and Douglas J. Hill, Esq., Medical Review Panel Chair
49A02-1512-PL-2189
Civil plenary. Reverses the Marion Superior Court’s denial of Dr. Sonya Campbell Johnson at Dermatology Associates P.C.’s motion for summary judgment alleging Elizabeth White failed to timely file her claim with the Indiana Department of Insurance. Finds the statute of limitations bars White’s action and the providers are entitled to judgment as a matter of law. Judge Paul Mathias dissents with separate opinion.
Statute of limitations bars medical negligence case
After a dermatology appointment left a Marion County woman with facial discoloration that never went away as her doctor said it would, the woman sought damages in a negligence complaint. However, because she failed to prove that she “later learned” that her injury was worse than she thought, the Indiana Court of Appeals held that the woman’s claim cannot proceed in court because it was not timely filed.
COA: Only property owned prior to final separation can be included in marital pot
Only property that is owned or acquired before the date a dissolution petition is filed in a divorce proceeding can be included in the marital pot, the Indiana Court of Appeals found Thursday in an opinion that overturned a lower court’s decision to include stock options vested after the date of a couple’s final separation in the marital pot.
COA: Exigent circumstances justified warrantless search
An Indiana State Police detective did not violate a man’s constitutional rights when he searched a bag in the man’s vehicle without a warrant because there were exigent circumstances that made the warrantless search reasonable, the Indiana Court of Appeals held Thursday.
Justices seek to define ‘indisputably’ in K-9 case
After leading South Bend police officers on a five-minute vehicular chase through city streets, Royce Love eventually stopped his van and was ordered to exit it. Love’s account of what happened next varies significantly from the officers’ account, and that disparity was the main issue the justices of the Indiana Supreme Court sought to resolve when they heard arguments in the case Thursday.
Retiring Rucker says he’s no trailblazer, but urges diversity on court
As the first African-American to serve on the Indiana Court of Appeals and just the second on the Indiana Supreme Court, retiring Justice Robert Rucker said he doesn’t think of himself as a trailblazer, but he said it’s important the state’s high court look like the population of the state.
Rush touts pro bono, partnerships in State of Judiciary
More than 7,000 Indiana attorneys donated more than 220,000 hours of pro bono service to Hoosiers in need last year, numbers Indiana Supreme Court Chief Justice Loretta Rush said reflect the state judiciary’s commitment to a collaborative approach to the practice of law.
COA rejects woman’s claim that accident occurred outside chemical test period
A woman who drove drunk into a mobile home causing significant damage lost her appeal Wednesday after arguing the state’s blood draw occurred outside the three-hour window under statute and thus did not prove her blood alcohol level at the time of the accident.
Opinions Jan. 18, 2017
Indiana Court of Appeals
Elberta N. Jackson v. State of Indiana
27A02-1607-CR-1717
Criminal. Affirms Elberta N. Jackson’s conviction for operating a vehicle with an alcohol concentration equivalent to at least 0.15 as a Class A misdemeanor, resisting law enforcement as a Class A misdemeanor, and disorderly conduct as a Class B misdemeanor. Finds that there is sufficient evidence to support Jackson’s conviction and that her due process rights were not violated.