Senate to hear bill banning attorney indemnification clauses
A bill designed to prevent attorneys from prohibiting clients from filing legal malpractice claims will soon be heard by the full Indiana Senate.
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Articles
COA reverses denial of summary judgment to bank
The Indiana Court of Appeals has ruled that U.S. Bank is a bona fide purchaser of an Indianapolis property and was entitled to summary judgment after finding that the mortgage an investment company held on the property could not be found by an adequate title examination.
Judge rules for Teamsters, notes plaintiff’s gambling bills
The owner of a defunct trucking business who sued an Indianapolis Teamsters local alleging interference with business relationships lost her case, and a judge used his order to point out that money withdrawn from the company’s bank account for gambling sprees occurred at the same time the union alleged its health benefits went unpaid.
House panel advances Marion County judicial selection bill
Despite public concerns that a bill for choosing Indianapolis judges would reduce diversity on the bench, deprive Marion County residents of the right to directly elect jurists and elevate political considerations, a House committee Wednesday advanced a merit-selection measure supported by lawyers, judges and the business community.
COA: Company cannot withhold ‘voluntary’ deductions from ex-employee’s pay
A plumbing and electrical company cannot impose “voluntary” tax deductions on a former employee’s final paycheck without statutory authority, nor can it force that employee to pay a $1,000 insurance deductible after an auto accident, the Indiana Court of Appeals held Monday.
Supreme Court upholds man’s life sentence
An Elkhart County man who smoked synthetic marijuana then stabbed his girlfriend to death was unable to convince the Indiana Supreme Court that his sentence of life without parole was unconstitutional.
Bankruptcy filings continue to fall
Bankruptcy filings hit a 10-year low nationwide in 2016, a new federal judiciary report shows.
Justices revise sentence of man with mental illness
The justices of the Indiana Supreme Court have revised the sentence of a Daviess County man with a history of mental illness who was convicted of burglary, drawing on the dissent of Indiana Court of Appeals Judge Paul Mathias, who advocated for treatment for offenders who are mentally ill.
7th Circuit vacates denial of prisoner’s request for help finding counsel
The 7th Circuit Court of Appeals has vacated a district court order denying a request to help an inmate living in another state recruit counsel for an Indiana case, noting that without counsel or a medical expert, the inmate will be unable to build a strong legal case.
COA: Restitution must be based on value of damaged car, not upgraded vehicle
Trial courts must award restitution based on the cost of an item that was stolen or damaged, not the cost of upgrading to a new item, the Indiana Court of Appeals held Wednesday, so the Marion Superior Court erred when it ordered restitution based on the cost a woman incurred in purchasing a newer vehicle after a wreck.
7th Circuit affirms denial of evidentiary hearing, post-conviction review
The appointed public defender for a man convicted and sentenced for distributing cocaine tried to advise his client to accept a plea agreement, so that client cannot appeal on the basis of ineffective assistance of counsel, the 7th Circuit Court of Appeals ruled Wednesday.
Trump intends to announce his Supreme Court pick on Feb. 2
President Donald Trump said Wednesday he intends to announce his nominee for the Supreme Court on Feb. 2, and three federal appeals court judges are said to be the front-runners to fill the lifetime seat held by the late Justice Antonin Scalia, a conservative icon.
District court declines to stop Supreme Court disciplinary hearing
A federal judge has declined to intervene in an Indiana Supreme Court disciplinary proceeding against a northern Indiana attorney who claims he is being discriminated against in violation of the Americans with Disabilities Act.
Supreme Court suspends attorney for misrepresentation, domestic battery
The Indiana Supreme Court has suspended from practice a Chicago attorney who misrepresented his abilities to a client and was convicted of battery against his wife.
Birth certificate battle headed to 7th Circuit
Indiana’s battle over who can be listed on a birth certificate is headed for another round with the state filing an appeal of a federal court’s ruling that allows non-birth mothers to be listed on their children’s birth certificates.
Justices take appeal from HHGregg managers denied bonus proceeds
The Indiana Supreme Court will hear a case weighing whether HHGregg senior managers are entitled to share in $40 million worth of life insurance proceeds from the 2012 death of then-executive chairman of the board Jerry Throgmartin.
Judson honored with award for court administration
Former Indiana state court administrator Lilia Judson has been honored with an award recognizing her commitment to the administration of justice throughout the Indiana judiciary.
Barker rules ballot photo ban unconstitutional
An Indiana law prohibiting voters from taking photos of their ballots for personal use is an unconstitutional violation of First Amendment rights, a district court judge has decided.
Statehouse bills would bulk up judiciary in 3 counties
Courts in Clark and Shelby counties are gaining support for their requests for additional judicial officers.
House hearing set for Marion County judicial selection bill
An Indiana House committee will hear a bill Wednesday that would institute a new system for selecting the 36 judges of Marion Superior Court but would retain the partisan balance on the court that was a key element of the former system invalidated by a federal court.