New judges named in Allen, Monroe counties
An Allen County magistrate judge has been selected to fill one of two upcoming vacancies in the Allen County courts, and the successor has been chosen for a longtime jurist in Monroe County.
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Articles
Southern District seeks comment on McKee reappointment
The U.S. District Court for the Southern District of Indiana is seeking comment on whether Magistrate Judge Craig M. McKee should be recommended for reappointment. The current term for McKee, who works in the Terre Haute Division, expires August 22, 2019.
Justices: Mineral-rich property transfers improper in trust case
A bitter dispute between stepsiblings — including a woman who was written out of her inheritance of mineral-rich property — has resulted in the Indiana Supreme Court ruling that a decades-old transfer of the land to her stepbrother was improper.
Valpo attorney suspended for failing to refund unperformed work
A Valparaiso attorney who neglected a client’s appeal and failed to refund a fee paid for his unperformed service has been suspended from the practice of law in Indiana for 90 days and cannot be reinstated until he pays full restitution.
Court reverses judgment for buyer in soured land-sale deal
A Marion Superior judge clearly erred in excluding a contract as evidence, then wrongly ruled for the defendant in a lawsuit arising from a home sale agreement she backed out of, the Indiana Court of Appeals determined Friday.
Unemployment benefits upheld for man who resigned after threatened demotion
The Indiana Court of Appeals affirmed the grant of unemployment benefits to a man who voluntarily resigned from his job after being told he would be demoted, finding the man’s employer failed to provide evidence as to why it wanted to demote him.
Summary judgment for law firm in legal malpractice case reversed
The Indiana Court of Appeals has reversed and remanded summary judgment for an Indianapolis law firm in a legal malpractice case after finding a question of fact as to whether an auto company had a reasonable belief that its attorney was acting as an agent for the law firm.
Justices: Proven misuse a defense to product liability claims
The Indiana Supreme Court has upheld the grant of summary judgment to a tool manufacturer sued after a man lost his eye while using one of the manufacturer’s products, finding the man’s misuse of the tool in question was the cause of his injuries and was a complete defense to his product liability claim.
Two killers keep life sentences despite ‘horrific’ upbringings
Two men convicted for the 2000 murder of a 73-year-old man have once again lost their appeal to reverse their life sentences after the 7th Circuit Court of Appeals found the sentences were reasonable, despite the men’s unfortunate upbringings.
Southern District ruling makes declawing big cats illegal
A first-of-its-kind federal order has officially held that the process of declawing large exotic cats is illegal and in a violation of the Endangered Species Act and has prohibited a Charlestown veterinarian from providing any care to such exotic cats.
Bankruptcy court seeks comment on proposed rule changes
The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment concerning proposed changes to the court’s local rules. The proposed changes to Rule B-4004-2, now known as Discharge in Chapter 13 Cases, would make the rule applicable to both Chapter 12 and 13 cases.
Singapore chief justice urges legal educators to teach to changes in practice of law
Addressing a crowd of Indiana’s legal and judicial leaders at an Indiana law school on Tuesday, the chief justice of Singapore urged Indiana’s legal educators to keep the future in mind when training today’s law students to become tomorrow’s lawyers. Chief Justice Sundaresh Menon spoke to an audience at the Indiana University Robert H. McKinney School of Law during the school’s James P. White lecture.
Bankruptcy filings continue decline with 2.2 percent decrease in FY18
New bankruptcy cases filed for the year ending September 2018 have seen more than a 2 percent decrease from the year prior, the lowest for any 12-month period since June 2007. Bankruptcy filings fell by 2.2 percent for the year end Sept. 30, 2018 compared to the year ending Sept. 30, 2017.
Justices weigh $8.5M settlement with $0 to 129M Google users
The Supreme Court struggled Wednesday over what to do about an $8.5 million class-action settlement involving Google and privacy concerns in which all the money went to lawyers and nonprofit groups, but nothing was paid to 129 million people who used Google to perform internet searches.
Jury acquits Hammond man accused of killing woman’s dogs
A jury has acquitted a northwestern Indiana man who authorities say stole two dogs that belonged to a woman he formerly dated and killed them. A jury on Wednesday cleared 24-year-old Anthony Priestas of two felony counts of killing a domestic animal.
Sweeney to take ceremonial oath as judge next month
The Indiana Southern District Court’s newest member, Judge James R. Sweeney, will be ceremonially sworn into office next month. Sweeney’s investiture ceremony will be held at 2 p.m. on Friday, Nov. 16, at the Birch Bayh Federal Building and United States Courthouse in downtown Indianapolis.
Appellate court upholds $256K award for man acquitted of theft
The Indiana Court of Appeals affirmed an award of more than $250,000 to a man falsely accused of theft after finding that the man’s accuser was not entitled to summary judgment based on qualified privilege and that the award was not excessive.
Probation revocation petition after term ended affirmed
A man convicted of a misdemeanor marijuana offense must face the prospect of revocation of his probation even though the state didn’t file a petition until after his term of probation expired.
Weepy wedding guest gets conviction affirmed
Just about everybody cries at weddings, but a woman arrested while driving home from a marriage ceremony was unable to convince the Indiana Court of Appeals that the tears she shed “by the second” in the back of the police cruiser falsely elevated the concentration of alcohol in her breath.
COA: Marijuana grinder not ‘paraphernalia’ under statute
A misdemeanor paraphernalia charge against a man found with a marijuana grinder in his car has been overturned after the Indiana Court of Appeals determined the grinder did not constitute “paraphernalia” under the applicable statute.