Court erred by correcting error after appeal began
An Indiana trial court erred in a case over unpaid elevator repair bills by granting the plaintiffs’ motion to correct error after the case already had gone up to the Indiana Court of Appeals.
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Coronavirus cases rise to 259 in state, with 110 in Marion County
The Indiana State Department of Health on Monday morning said the number of presumptive positive cases for COVID-19 in the state has risen to 259 after the emergence of 58 more cases. Seven people have died in the Hoosier State.
Sen. Rand Paul tests positive for virus, forcing quarantines
Sen. Rand Paul of Kentucky has tested positive for the novel coronavirus, becoming the first case of COVID-19 in the Senate and raising fears about the further transmission of the virus among Republicans at the Capitol. The deveoplment came as the Senate wrangled overnight Sunday to agree to an emergency economic stimulus package.
Elkhart considers new $500K legal bill for suit over overturned conviction
| Associated Press and IL Staff
A northern Indiana city is weighing spending another $500,000 to defend itself against a lawsuit filed by a man whose attempted murder conviction was thrown out because prosecutors didn’t disclose that the state’s sole eyewitness underwent hypnosis to sharpen his memory.
Judge asked to reconsider double-murder suspect’s release
Prosecutors want a northwestern Indiana judge to reconsider his decision to release a man accused in the fatal shootings of a Gary woman and her 13-year-old son, calling him a “substantial” threat to the public.
Coronavirus cancels Evansville national mock trial championship
The 2020 National Mock Trial Championship scheduled to take place in Evansville this May has been canceled due to coronavirus crisis, leaving event organizers heartbroken and disappointed.
Opinions March 20, 2020
Indiana Court of Appeals
Marlo Harris v. Joe Jones, Jr., and Allstate Insurance Company
19A-CT-1196
Civil tort. Reverses the Lake Superior jury verdict awarding Marlo Harris $10,000 in damages, minus $1,000 in attorney fees the trial court entered against her because the verdict was less than a qualified settlement offer resulting from claims alleging injuries resulting from a car crash. Finds the trial court abused its discretion by issuing an unwarranted jury instruction regarding Harris’ failure to mitigate her damages. Remands for a new trial on damages.
Trump moves on invoking powers to spur virus supplies
President Donald Trump has invoked the Defense Production Act to get needed medical supplies on the front lines of the coronavirus outbreak and the private sector mobilized against it.
Evictions, foreclosures stalled, but housing worries continue
Gov. Eric Holcomb signed an executive order Thursday that protects Hoosiers from being evicted or foreclosed on during the pandemic, but housing advocates are still pushing for a veto of legislation they say could force low-income families from their homes when the moratorium is lifted.
Indiana’s primary election moved to June because of pandemic
Indiana’s primary election is being moved from May 5 to June 2 because of the coronavirus pandemic, state officials announced Friday morning.
Rear-ended driver wins new damages trial after errant jury instruction
A driver who a jury awarded just $10,000 on her personal injury claims after an intoxicated driver struck her car from behind won a new trial on damages Friday. The Indiana Court of Appeals found an erroneous jury instruction may have led to a verdict that was less than the driver had been offered to settle the case.
Fort Wayne man exonerates teen co-defendant in fatal shooting
A northeastern Indiana man who pleaded guilty in an October killing told a judge before he was sentenced that a teenage co-defendant played no role in the slaying.
Number of confirmed COVID-19 cases in state rises to 79
The Indiana State Department of Health on Friday said the number of presumptive positive cases for COVID-19 in the state has risen to 79 after the emergence of 23 more cases. The death toll in the state remained at two.
Indiana schools closed through May 1
Indiana officials are considering delaying the state’s primary election as several other states are doing to help ensure voters worried about the coronavirus outbreak can safely cast their ballots. The talks followed Gov. Eric Holcomb’s announcement Thursday that all schools in Indiana would close through at least May 1.
Opinions March 19, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday.
DePuy Synthes Sales, Inc. v. OrthoLA, Inc.
19-2765
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the district court’s stay of a case filed in the Southern District seeking an order to compel arbitration in a medical device distribution dispute between manufacturer DeDuy Synthes Sales and Los Angeles-area contract distributor OrthoLA, Inc. Finds that given related litigation over similar subject matter in California, the Southern District did not abuse its discretion in staying the matter until the California matter is resolved.
Chicago-based Kovitz Shifrin Nesbit acquires Indiana law firm
The Chicago-based law firm of Kovitz Shifrin Nesbit now has an Indiana address with the completion of its acquisition of the Tanner Law Group, an Indianapolis firm that represented the largest number of community associations in the Hoosier state.
Supreme Court declines transfer in 17 cases, grants 2
The Indiana Supreme Court declined to hear 17 cases out of 19 petitions for transfer last week, but granted transfer in two cases concerning an unwilling juror and a highly sought after gravesite.
Holcomb signs bill eliminating expungement wait time issue
Gov. Eric Holcomb on Wednesday signed into law a measure eliminating confusion in the courts and establishing that the waiting period to obtain an expungement begins on the date a felony conviction is entered and does not start anew if that conviction is later reduced to a misdemeanor.
Supreme Court hears arguments in stoplight crash suit against IPL
Indiana Supreme Court justices heard oral argument Thursday on the question of whether a utility may face liability for people injured in a traffic crash in which a malfunctioning stoplight played a role.
Holcomb signs bills related to health care, distracted driving
Indiana Gov. Eric Holcomb signed 84 bills Wednesday, including some that aimed to tackle health care costs, distracted driving and regional development.