Court opinions
Articles
7th Circuit decides MDL appeal question
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.
COA affirms trial courts in truant kindergartner cases
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.
Court won’t remove trial judge in Simon case
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.
Justices rule on applicable statute of limitations
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.
COA finds Army discipline does not exempt defendant from prosecution
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.
Justices: court could impose only 1 juvenile commitment
The Indiana Supreme Court has issued an opinion affirming that a juvenile may not be sentenced to both a determinate and indeterminate commitment.
Court rules arbitration provision null and void
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.
Man entitled to new probation revocation hearing
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.”
COA orders special prosecutor in Camm trial
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.
Supreme Court to hear Affordable Care Act challenges
In what’s expected to be a historic constitutional test over how much power the federal government has to require individual mandates for states, the Supreme Court of the United States will consider the constitutionality of the Affordable Care Act passed in 2010.
Judges uphold juvenile’s adjudication
The Indiana Court of Appeals affirmed the acceptance of a minor’s plea agreement that was not signed by either of his parents because the signature of the minor and his attorney on the plea agreement satisfied statutory requirements.
Supreme Court to hold arguments in St. Joseph County
The Indiana Supreme Court will visit Indiana University South Bend and Notre Dame Law School Monday to hear arguments in two cases, including one in which a teen was sentenced to life without parole for murdering his brother.
South Bend attorney sentenced for fraud
Thomas F. “Chip” Lewis III will spend more than three years in prison following his guilty plea to aiding and abetting wire fraud stemming from an advance fee scam.
Appellate court finds mother wasn’t in contempt
The Indiana Court of Appeals agreed with a mother that the Clark Circuit Court erred in finding her in contempt for not putting her teenage daughter on a plane to Florida to visit the teen’s father over Christmas break. The appellate court did agree with the trial court that the mom should have to pay for another flight to visit the father.
Indiana can’t cap Medicaid coverage of dental services
A northern Indiana federal judge has ruled that the state must fully cover dental services that are medically necessary for Medicaid participants, and it can’t deny coverage exceeding a certain amount because that would prevent some low-income individuals the ability to get needed care.
COA orders new trial in utility theft case
The Indiana Court of Appeals has reversed a theft conviction and ordered a new trial for a man who was prohibited from discussing a lesser offense during closing argument.
Court examines future medical care in workers’ comp case
The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.
COA allows insurance dispute to proceed
The Indiana Court of Appeals found disputes of material fact in an insurance case in which the homeowners made misrepresentations in their application, ordering the trial court to take a closer look at whether the insurer rescinded the policy after discovering the misrepresentations.
Tax Court denies assessor’s motion to dismiss appeal
Indiana Tax Judge Martha Wentworth denied the Marion County assessor’s motion to dismiss two petitioners' original tax appeal, finding the parties properly served a copy of the petition with the attorney general’s office.