Transgender student seeks injunction in bathrooms lawsuit
A federal judge is weighing whether to grant a preliminary injunction to allow an Evansville transgender student to use male bathrooms.
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Coerced victim’s prior statement admissible, COA affirms
A victim unavailable to appear in court because of the defendant’s coercion to remain silent does not mean admitting her prior statements is considered hearsay, the Indiana Court of Appeals affirmed Monday.
Driver wins $500K judgment in Gibson County truck crash
A motorist injured when his vehicle was struck by a semi-truck whose driver was distracted by a dropped cellphone was awarded a $500,000 damages verdict in federal court in Evansville last week. Magistrate Judge Matthew Brookman entered judgment in favor of motorist Michael J. Smith and his wife, Marcia Smith, and against defendants Gregory Peterson and Triple B Trucking.
COA rules for DNR after dog killed by raccoon trap at park
A woman whose pet beagle was killed by a concealed raccoon trap in Versailles State Park has lost her bid for declaratory judgment against the Indiana Department of Natural Resources after the Indiana Court of Appeals determined the woman’s claims were moot. The court also found the dog’s sentimental value could not be considered in the calculation of damages.
Floyd County officials reach tentative settlement in jail death
A sheriff’s department in southern Indiana has reached a tentative settlement with the father of a woman who died in detention.
Indiana authorities reach tentative settlement in Floyd County jail death
The Floyd County Sheriff’s Department has reached a tentative settlement with the father of a woman who died in detention. An order was issued June 22 to file documents and authorize dismissal within 60 days of a civil case filed by Mark Robb against Floyd County Sheriff Frank Loop, the sheriff’s department and eight other employees.
Lake Superior Judge Tavitas named to COA, replacing Barnes
Indiana Gov. Eric Holcomb has named Lake Superior Judge Elizabeth Tavitas as the next member of the Indiana Court of Appeals. Holcomb selected Tavitas from a pool of three finalists: Tavitas, St. Joseph Superior Judge Steven Hostetler and Fort Wayne attorney David C. Van Gilder.
Court asked to deny Hill’s request to stop investigation
The Marion County Prosecutor’s office pushed back today against Indiana Attorney General Curtis Hill’s attempt to squash the appointment of a special prosecutor, saying his motion had “fatal flaws” and he was making a “dubious proposition.”
Indiana man arraigned in 1988 killing of 8-year-old girl
An Indiana man charged in the 1988 rape and murder of an 8-year-old girl has been arraigned in her slaying. An Allen County judge entered a not guilty plea for 59-year-old John D. Miller Thursday morning and assigned him a public defender.
Federal judge admonishes attorney after jailhouse ‘ruckus’
Plaintiffs’ counsel who took selfies with inmates and acknowledged causing a “bit of a ruckus” during a jail inspection got handed a protective order as well as a sharp rebuke from the U.S. District Court for the Southern District of Indiana.
COA affirms $4.8 million prejudgment interest award after $32 million verdict
The guardianship of a woman that previously received a $32.5 million jury verdict will also receive $4.8 million in prejudgment interest after the Indiana Court of Appeals found no error in the grant of the prejudgment interest award.
Equal distribution method, lack of substantial evidence leads to remand of benefits case
A lack of substantial evidence led the 7th Circuit Court of Appeals to remand a social security case filed by a woman who was denied benefits despite being severely impaired by a brain tumor.
Democrats fault Kavanaugh comment on independent counsel law
Democrats opposing Supreme Court nominee Brett Kavanaugh’s nomination are seizing on remarks he made in 2016 saying he would like to put the “final nail” in a Supreme Court precedent upholding an independent counsel law as constitutional. Republicans are pushing back, saying Kavanaugh’s comment is being distorted.
COA: Nearly identical medical malpractice, wrongful death cases filed too late
The Indiana Court of Appeals has granted summary judgment to physicians and their hospitals in three nearly identical medical malpractice and wrongful death cases filed more than seven years after the deaths of three patients after finding the actions could have been filed years prior.
Dems see Kavanaugh as Obamacare threat, but law likely safe
The heated debate over how Supreme Court nominee Brett Kavanaugh would vote on the Affordable Care Act might not matter. As long as five past defenders of the health care law remain on the nation’s highest court, the odds tilt in favor of it being allowed to stand. Some Democrats are warning that President Donald Trump’s designee could spell doom for the statute, even as some conservatives are portraying Kavanaugh as sympathetic to former President Barack Obama’s landmark legislation.
Mueller seeks immunity for 5 witnesses in Manafort case
The special counsel in the Russia investigation is seeking immunity for five potential witnesses in the upcoming trial of President Donald Trump’s former campaign chairman, Paul Manafort. The five individuals have indicated they won’t testify or provide other information “on the basis of their privilege against self-incrimination,” special counsel Robert Mueller’s office told a federal judge in Virginia in a court filing Tuesday.
Applications open for Allen County judicial vacancy
An Allen County superior court judge will retire at the end of this year, prompting the Allen Superior Court Judicial Nominating Commission to begin the process of selecting his replacement. The vacancy will occur in December when Judge John F. Surbeck, Jr. retires from his position in the Allen Superior Court Criminal Division.
Prosecutors: Russian hackers exploited US cyber vulnerability
To steal politically sensitive information, prosecutors say Russian hackers exploited some of the United States’ own computer infrastructure against it, using servers they leased in Arizona and Illinois. The details were included in an indictment released Friday by special counsel Robert Mueller, who accused the GRU, Russia’s military intelligence agency, of taking part in a wide-ranging conspiracy to interfere in the 2016 presidential election.
Supreme Court nominee’s paper trail might color confirmation
Supreme Court nominee Brett Kavanaugh’s opponents are digging through documents at President George W. Bush’s library in Texas and other repositories around the country looking for anything that could help derail his nomination. The trail of documents is extensive, as Kavanaugh spent five years in the Bush White House and 12 years as a federal judge.
Suspect in 1988 killing of Fort Wayne girl, 8, appears in court
A judge has given prosecutors until Thursday to formally charge a man who is being held in the 1988 slaying of an 8-year-old Fort Wayne girl. John D. Miller, 59, of Grabill was arrested Sunday on preliminary murder, child molesting and criminal confinement charges in the abduction, rape and killing of April Marie Tinsley.