Articles

Indiana Supreme Court considers eavesdropping case

The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.

Read More
Year End Review - Indiana Tech Law School

Top 10 legal stories of 2017 focus on law schools, court changes

The closing of 4-year-old Indiana Tech Law School in Fort Wayne, and the revelation that 138-year-old Valparaiso University Law School faced an uncertain future, made law school troubles the top legal news story of 2017, as determined by the staff of Indiana Lawyer. Changes on the federal and state bench also were among the year’s top stories.

Read More

7th Circuit upholds denial of environmental insurance claim

A northern Indiana couple cannot seek insurance coverage for pre-existing environmental pollution they discovered on their businesses’ property because the language of their insurance policy unambiguously exempts coverage for known or unknown property damage occurring before their policy began, the 7th Circuit Court of Appeals has ruled.

Read More

Divided Supreme Court reverses habitual offender enhancement

A divided Indiana Supreme Court reversed a man’s habitual offender enhancement Thursday after determining his two prior Illinois convictions were statutorily considered Level 6 felonies, thus disqualifying the enhancement. The dissenting justice, however, found ambiguity in the statutes at issue.

Read More

COA allows spoliation claim to proceed

The Indiana Court of Appeals has struck down a claim for a private right of action raised under Indiana’s medical record production statute, but allowed a spoliation claim against a doctor who no longer possesses a patient’s medical records to proceed. However, two judges urged the Indiana Supreme Court to reconsider a 1991 opinion that required them to strike the private right of action claim.

Read More

COA upholds 12(B)(6) dismissal of complaint against bank

A bank that removed a home from a sheriff’s sale list did not breach its contract with the property owners through an in rem decree of foreclosure because the decree included language allowing the bank to remove the home from the sale list, the Indiana Court of Appeals has ruled.

Read More

COA: Attorney fee records not protected or confidential

An Indiana trial court did not err by denying a motion to quash a request for the production of attorney fee records because such records are not protected by attorney-client privilege or the Fifth Amendment, the Indiana Court of Appeals ruled Thursday.

Read More

Gymnast McKayla Maroney says settlement covered up sex abuse

Olympic gold medalist McKayla Maroney was forced to sign a confidential settlement with the group that trains U.S. Olympic gymnasts to keep allegations that she was sexually abused by team doctor Larry Nassar a secret, according to a lawsuit filed Wednesday.

Read More