Right of first refusal splits Court of Appeals
A dispute over contract language divided the Indiana Court of Appeals to the point where judges could not agree whether the case was one of first impression.
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COA: Mom cannot show lead cause of boy’s autism
A grandmother failed to convince the Indiana Court of Appeals her grandson’s developmental disabilities were caused by the lead paint in her rented house rather than by his birth mother’s use of methamphetamine.
COA allows nurse practitioner to testify as expert
An Evansville nurse practitioner who has training and licensure beyond that of a nurse, may testify as an expert as to whether a patient’s injuries are consistent with injuries sustained in an automobile accident, but not as to whether the accident caused the injuries, the Indiana Court of Appeals has ruled.
COA: Suspended attorney’s failure to litigate attributable to client
A now-suspended attorney’s repeated failure to communicate with his client and litigate her case was a failure directly attributable to the client and, thus, made the opposing party entitled to summary judgment, the Indiana Court of Appeals ruled Tuesday.
Court affirms weapon, drug convictions after bar incident
A man’s arrest and conviction on gun and cocaine charges after an anonymous tipster called police and said a man was pointing a gun in an Anderson bar was affirmed Tuesday by the Indiana Court of Appeals.
Travel ban to test Supreme Court view of presidential power
The U.S. Supreme Court may soon decide how courts are supposed to view presidential power in the age of Donald Trump.
Failure to sign order sends dog dispute back to court
Noting the plaintiff may want to let a sleeping dog lie, the Indiana Court of Appeals remanded a decision to the trial court, finding the judge had not signed the order awarding custody of a dog named Snickers.
Appeals panel affirms termination of guardianship
The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.
No jail time in hit-and-run death stuns victim’s relatives
The family of a northeastern Indiana man who died after he was struck by a car while bicycling say they're devastated the motorist received no jail time in the hit-and-run death.
Notre Dame law clinic employee accused of embezzlement
An employee of the Notre Dame Clinical Law Center has been charged with 11 felony counts relating to what the St. Joseph County Prosecutor’s Office says is a seven-year-long racketeering scheme in which the university found more than $199,000 was stolen.
Justices to hear arguments in caseload case against DCS this week
The Indiana Supreme Court will hear arguments this week to determine whether an employee of the Indiana Department of Child Services can bring a class-action complaint against her employer for an alleged violation of statutory caseload limits under the public standing doctrine.
Appeal: Commercial court, without notice, put worker out of job
A glass industry engineer’s challenge alleges the Indiana commercial court pilot project dockets’ specialized rules violated his due process rights.
Legal malpractice arguments focus on whether crime victim lost settlement chance
Can agency immunity cover a lawyer's failure to file a tort claim notice and lawsuit?
Supreme Court looks weighs inmate’s good time credit
Statutory interpretation was at the center of a case before the Indiana Supreme Court this week as the justices heard arguments to decide whether an inmate’s good time credit was properly revoked.
Justices consider ‘reasonable’ standard in flash bang search case
As criticism across the country continues to grow against the use of flash bang devices, a highly controversial police diversionary tool, the justices of the Indiana Supreme Court must decide whether the use of such a tool in Evansville constituted an unreasonable assault on the home.
Lack of statewide will procedures leaves unanswered questions about official documents
The final stop for a last will and testament in the e-filing era depends on where in Indiana an estate is opened and what the local probate court demands, at least for now.
Ex-prosecutor faces discipline for failing to disclose false testimony
A former Porter County deputy prosecutor and a member of the Valparaiso City Council faces sanctions from the Indiana Supreme Court for allegedly withholding from the defense that an alleged victim said he had been coached to lie and had recanted allegations of sexual abuse.
Reversal: Trial court ordered to revisit CHINS petition
An Indiana trial court imposed an “inappropriately high” burden on the Department of Child Services to prove a presumption of a child in need of services situation, the Indiana Court of Appeals held Friday in an opinion ordering the trial court to revisit the CHINS petition.
Man convicted of killing Wisconsin woman buried in basement
An Indiana man has been convicted of murder in the death of a Wisconsin woman whose body was found buried in a basement in 2015.
Indiana sues 2 former school administrators for $3M
The Indiana Attorney General's office is suing two former Munster school administrators for more than $3 million, alleging the pair misappropriated, illegally retained or fraudulently obtained public funds.