While she said she doubts the plaintiffs can win their case, U.S. Judge Sarah Evans Barker is allowing limited class certification in a lawsuit challenging the state’s $5 million damage liability cap. Plaintiffs incurred injuries in the Indiana State Fair stage collapse Aug. 13.
Warning appellate lawyers not to ignore precedent, a 7th Circuit Court of Appeals decision today issues a short but clear message to not use “ostrich-like” tactics when briefing and arguing cases.
The Indiana Court of Appeals issued three opinions Wednesday that dissect the grammar of a state statute in reversing a trial court’s decision regarding sentence enhancements.
Addressing a question for the first time about prison inmate complaints, the 7th Circuit Court of Appeals held that a prisoner's participation in internal affairs investigations isn’t an alternative for the administrative process an inmate must follow in filing a grievance.
Underground aquifers are “watercourses” as defined by state law and as a result the Indiana Supreme Court says community officials have the ability to reasonably regulate how that water is taken out and used by other local governments.
The Indiana Court of Appeals has ruled a trial court erred in calculating credit for time served but found the record was insufficient to prove that additional credit time should be awarded for the defendant’s participation in a drug-treatment program.
The Indiana Tax Court has rejected an estate’s attempt to sidestep trial rules by allowing verified tax returns to stand in for affidavits in determining a property’s fair market value.
Examining both state and national caselaw in an appeal involving an Allen County car crash, the Indiana Court of Appeals has used a two-part test in determining whether equitable estoppel is available to those filing a claim.
The Indiana Court of Appeals has ruled that a trial court can’t serve notice on the home of someone’s parents if that adult doesn’t live there and expect that to serve as adequate notice for the party to appear in court.
Legal community works to ensure defendants know plea agreements could impact immigration status.
The 7th Circuit Court of Appeal wants each federal judge handling multi-district litigation to have the flexibility to choose between sending parts of unresolved cases back to the original courts or keep those in one jurisdiction, once a final district-level decision has been made and the time for appeal arrives.
The Indiana Court of Appeals has sided with the trial courts in two cases that have been consolidated in one appeal in determining that referral and attendance records for truant students were admissible at trial under the state’s business records exception.
The Indiana Court of Appeals has dismissed an appeal filed by Melvin Simon’s widow, finding that it doesn’t have jurisdiction to remove a Hamilton Superior judge from the case involving the late mall-magnate’s estate valued at more than $2 billion.
The Indiana Supreme Court decided Thursday that the period within the general statute of limitations controls the limitation period when a medical provider may seek payment of outstanding bills for authorized treatment to an employer’s worker. The justices came to that conclusion after finding the Worker’s Compensation Act is silent on what the applicable limitation period is for this matter.
The Indiana Court of Appeals has affirmed a trial court denial of a man’s motion to dismiss, rejecting his argument that being reprimanded by the United States Army precludes him from prosecution for the same offense.
The Indiana Supreme Court has issued an opinion affirming that a juvenile may not be sentenced to both a determinate and indeterminate commitment.
Tackling an issue of first impression, the Indiana Court of Appeals concluded that an arbitration provision in a loan agreement from a payday loan provider is null and void on the grounds of impossibility because the arbitrator named in the document is no longer available.
The Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”
The county prosecutor who signed and later cancelled a book deal about his involvement in the murder trial of David Camm will not be allowed to serve as prosecutor at Camm’s third trial.