Justices to hear Fortville annexation case
The Indiana Supreme Court will have its say on three cases it took on transfer last week, including the town of Fortville’s efforts to annex nearly 600 acres.
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Court should decide if nephew is uncle’s dependent next of kin
The Indiana Court of Appeals reversed summary judgment in favor of the driver in a deadly car accident on the decedent’s nephew’s wrongful death action, finding questions exist as to whether the nephew is his uncle’s dependent next of kin.
IPFW custodian loses appeal of discrimination, retaliation claims
An Indiana University-Purdue University Fort Wayne custodian who was fired for his role in a physical confrontation with another custodian could not convince the Indiana Court of Appeals that his discrimination and retaliation claims should proceed to trial.
Old hurdles and new haunt the Sept. 11 case at Guantanamo
The latest hearing resolved some lingering issues, but old and new challenges continue to haunt a death penalty case that remains so mired in preliminaries that prosecutors and defense lawyers will no longer even estimate an approximate trial date.
Indiana asks state’s high court to rehear ‘Elkhart 4’ case
The state has asked the Indiana Supreme Court to reconsider its decision to throw out murder convictions against three Elkhart men whose accomplice in a burglary was shot and killed by a homeowner.
Expanding smoking ban would hurt casinos, study committee chair says
In a brief hearing Thursday, members of the Interim Study Committee on Public Policy voted to leave the state’s smoking ban alone.
Court rules for IPS in ex-employee’s ‘Moorish Christmas’ suit
An ex-Indianapolis Public Schools employee and minister fired after repeated complaints of physical altercations with students lost his federal discrimination lawsuit that claimed in part he was fired for religious reasons, including his request to be allowed off work to observe “Moorish Christmas.”
Opinions Oct. 23, 2015
Indiana Court of Appeals
Russell A. Prosser, Jr. v. State of Indiana (mem. dec.)
50A05-1502-CR-51
Criminal. Affirms convictions for 11 counts, including theft and unauthorized entry of a vehicle, following two separate jury trials. Prosser waived his challenge to a witness’s in-court identification of him, and there is sufficient evidence to support the convictions.
Ex-IU student’s lawyer says he’s horrified by attack
The attorney for a 19-year-old former Indiana University student says she believes he was intoxicated and didn't target a Muslim woman with racial slurs as he tried to remove her headscarf.
Louisville student sues author, IBJ publishing unit over book
Indianapolis-based IBJ Book Publishing LLC and author Katina Powell have been sued by a University of Louisville student who claims her career prospects have been damaged by Powell’s book, which alleges Powell supplied strippers and prostitutes to the Louisville men’s basketball program.
Inside massive injury lawsuits, clients get traded like commodities for big money
For all the black robes and ceremony, the American legal system often operates more like a factory assembly line than a citadel of individualized justice. Now a legal dispute within a plaintiffs' law firm that organizes massive torts is threatening to pull back the curtain on the mechanics of high-volume litigation.
Indiana part of lawsuit challenging EPA carbon rule
Indiana and 22 other states filed a legal challenge Friday to the U.S. Environmental Protection Agency's new rule requiring existing power plants to make technological changes to reduce carbon dioxide emissions. The rule change is expected to unleash a flood of lawsuits from lawyers challenging everything from the timing to the constitutionality of President Barack Obama’s signature climate initiative.
Case latest example of difficulty in prosecuting insider trading
The U.S. dropped insider-trading charges against Michael Steinberg, a former fund manager at SAC Capital Advisors LP who was convicted by a federal jury, in the latest fallout from a major appeals court ruling that made such prosecutions more difficult.
Former Subway pitchman’s victims given $1 million
Ten victims of former Subway pitchman Jared Fogle have received a total of $1 million in restitution since he agreed to plead guilty to child pornography and sex-crime charges, and his four other victims could receive their checks by the time he is sentenced next month — a move prosecutors said is rare.
Opinions Oct. 22, 2015
Indiana Court of Appeals
Eric Brazier d/b/a Brazier Painting v. Maple Lane Apartments I, LLC
71A04-1406-CC-278
Civil collection. Affirms judgment in favor of Maple Lane Apartments on Brazier’s lawsuit alleging he had performed more than $60,000 in painting services and had not been paid. The trial court also imposed sanctions against his counsel toward Maple Lane’s attorney fees because his attorney misrepresented the nature of the documents on which Brazier based his entire case.
AG settles with Aspen Dental over deceptive advertising
The Office of the Indiana Attorney General has reached a settlement with New York-based Aspen Dental Management Inc. over deceptive advertising and unfair tactics claims used to promote services in Indiana.
Preventable medical errors hit new high in Indiana
New data released from the Indiana State Department of Health shows that the state has set another record for medical errors.
COA affirms sanctions for lawyer’s misrepresentation of invoices
The Indiana Court of Appeals called out an attorney for the errors in her appellate brief and considered requiring her to prove she attended continuing legal education on appellate practice before filing anything else before the appeals court.
Lawsuit: School squelched workers’ rights over online posts
A federal lawsuit has been filed on behalf of two Indiana school cafeteria workers who were disciplined after posting concerns about school spending on social media.
Pence decides to pay off federal unemployment loan
Gov. Mike Pence on Thursday morning announced that the state would use about $250 million from Indiana's surplus to finish paying back the federal government for a loan the state took out to pay unemployment benefits during the recession.