DTCI: Where have all the jury trials gone, and what will happen next?
The possible causes of the decline in civil jury trials is a discussion for another day. Let’s look at the statistics and the effects.
Civil Case
Articles
Favre asks to be dismissed from Mississippi welfare lawsuit
Retired NFL quarterback Brett Favre is asking to be removed from a lawsuit by the state of Mississippi that seeks to recover millions of dollars in misspent welfare money that was intended to help some of the poorest people in the U.S.
NY attorney general sues Donald Trump, his company
New York’s attorney general sued former President Donald Trump and his company on Wednesday, alleging business fraud involving some of their most prized assets, including properties in Manhattan, Chicago and Washington, D.C.
Court of Appeals waiting on slip and fall case that enraged trial judge
The personal injury case that inspired a trial court judge to declare Indiana’s civil litigation process is broken is continuing to wait for a final order so the matter can move to the appellate level.
Wayne Co. man convicted in neighbor’s slaying faces civil suit
An eastern Indiana man convicted of fatally shooting a neighbor while the property line between their homes was being surveyed faces a wrongful death lawsuit filed by the victim’s mother.
Trump loses appeal, must testify in New York civil probe
Former President Donald Trump must answer questions under oath in the New York attorney general’s civil investigation into his business practices, a state appeals court ruled Thursday, rejecting his argument that he should be excused from testifying because his answers could be used in a parallel criminal probe.
On second thought, Carroll Circuit judge erases rant from original order
The Carroll County judge who claimed insurance companies have broken Indiana’s civil litigation system and begged the parties to appeal his ruling to the Indiana Supreme Court has scrubbed his original order of all but two paragraphs that state summary judgment is granted in favor of the defendants.
Judge: Trump must pay $110K, meet conditions to end contempt
A New York judge said Wednesday he will lift Donald Trump’s contempt of court order if the former president meets conditions including paying $110,000 in fines he’s racked up for being slow to respond to a civil subpoena issued by the state’s attorney general.
Angry trial judge calls for changes to civil litigation system: Insurance companies faulted for pursuing frivolous claims
By the third paragraph of the April order granting summary judgment to the defendants, Carroll Circuit Judge Benjamin Diener showed his frustration by declaring, “The civil litigation process in Indiana is broken.”
Fishers man accused of selling $230M in dubious financial products
A Fishers man is facing a tangle of legal issues related to accusations that he was involved in the nationwide sale of more than $230 million in questionable financial products.
IN Supreme Court rules for Community Health in dispute over family records
The Indiana Supreme Court has ultimately found a hospital is not liable after one of its ex-employees compromised confidential health records of several former patients and another former employee in a family feud.
Anti-SLAPP motion sinks in defamation lawsuit brought by scuba school owners
A man who was hit with a defamation lawsuit after he accused a business and business owner of forging paperwork submitted for his diving certification cannot shield himself with the state’s anti-SLAPP statute after the Court of Appeals of Indiana determined his right to free speech had not been sunk.
COA reinstates landlords’ tort claims against Hammond
A lawsuit against the city of Hammond brought by a group of corporate property landlords has been reinstated after the Court of Appeals of Indiana found the Lake Superior Court erred when it ruled their tort claims were filed in an untimely manner.
Attorney fees reversed in repossessed car dispute
The Indiana Court of Appeals upheld the damages awarded to a Tippecanoe County man who had his ride repossessed one summer night but remanded for attorney fees to be recalculated to a lower amount.
Pro se civil rights filings continue to climb
Nearly 20 years’ worth of data tracking trends of federal civil pro se filings show that civil rights cases make up the second-highest percentage of filings, next to pro se prisoner cases. In recent years, a growing number of those cases have targeted law enforcement or other government actors.
Cloverdale Holiday Inn wins easement dispute over signage
A Putnam County flooring business couldn’t win against a neighboring hotel in an easement dispute involving a sign the company argued was a burden to its property.
COA: Bar in Franklin had duty to protect patron after being told of prior altercation
BoJak’s Bar and Grille owed a duty to a patron who was “sucker punched” by another patron even after warning bar security about tensions between the two men, the Indiana Court of Appeals ruled.
Reversal: Court must hold hearing on neighbor’s protective order request
A trial court must hold a hearing on a woman’s petition for a protective order against her neighbor, the Indiana Court of Appeals ruled Friday, finding the trial court erred by initially dismissing the petition alleging harassment without a hearing.
COA affirms relief from default judgment for defendant claiming identity theft
Default judgment against a man claiming to be the victim of identity theft in a criminal case was properly set aside, the Indiana Court of Appeals ruled Monday. The court held that the man was not required to provide a factual basis for his defense in the initial stages of the proceeding.
COA affirms for Michigan City in property fraudulent transfer dispute
An appellate panel has sided with a northern Indiana city involving its attempts to satisfy default judgments against a family for incurred and future investigation and remediation costs associated with a property they own where a manufacturing facility was once located.