Divided panel reverses default judgment against bank
The bank that promises customers 24-hour grace overdraft protection received more than 20 days grace in an Indiana Court of Appeals ruling Tuesday.
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Fired nurse’s retaliation claim reinstated
A nurse fired from a St. Joseph County clinic that treated patients with sexually transmitted diseases may go forward with a lawsuit claiming her termination was in retaliation for expressing concern that treating undiagnosed patients went beyond her scope of practice.
7th Circuit declines collateral-order review in infertility lawsuit
A Fort Wayne woman’s discrimination lawsuit against the Diocese of Fort Wayne-South Bend will continue despite the Catholic Church’s attempt to get the 7th Circuit Court of Appeals to intervene before trial and dismiss the complaint on religious freedom grounds.
Federal court rules amendments take effect
Federal Rules of Practice and Procedure amendments took effect Monday governing the appellate, civil, bankruptcy and evidence rules.
More than 3 dozen Indiana jurists retiring, leaving bench at year’s end
Five judges with a combined bench experience of more than a century are departing the Marion County courts at the end of the year, joining dozens of jurists around the state who are calling it a career.
Disciplinary Actions – 12/3/14
Read who has recently been publicly reprimanded by the Indiana Supreme Court.
Walgreen privacy judgment a ‘game-changer’
A $1.4 million judgment against Walgreen for a pharmacist’s unauthorized breach of private prescription data should raise red flags for any health care provider whose employees handle private medical information, lawyers and legal experts say.
Judicial officers in demand
Seven counties are asking the Legislature for 11 magistrates to handle increasing caseloads.
Justices weigh free speech rights, Facebook threats
The Supreme Court of the United States struggled Monday over where to draw the line between free speech and illegal threats in the digital age.
Evidence of felon’s gun tattoo not error
A defendant who took the stand in his federal trial for felony firearm possession failed to convince the 7th Circuit Court of Appeals Nov. 26 that the evidence of his gun tattoo should not have been admitted.
Statements by insurance provider do not constitute defamation, COA rules
A surgery center’s defamation claim that an insurance provider was making false statements purposefully to harm the center’s business reputation was dismissed because the communication did not allege any misconduct in business practices or trade.
Otte to retire as S.D. bankruptcy judge
Judge Frank J. Otte will retire at the end of 2014 after 28 years on the U.S. Bankruptcy Court for the Southern District of Indiana.
Southern District amends filing under seal, pro se notice rules
Federal court rules for the Southern District of Indiana pertaining to filing documents under seal and providing notice to pro se litigants will be amended effective Jan. 1, 2015, Clerk Laura Briggs announced.
Eagle Creek deer hunt goes forward
A city-sponsored deer hunt at Indianapolis’ Eagle Creek Park will proceed this weekend after a judge refused to block the first such hunt in the park’s history.
Enhancement to sentence upheld by COA
Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.
Allegation of conspiracy not enough to support civil conspiracy claim
A parts supplier failed to convince the Indiana Court of Appeals that a civil conspiracy claim against several co-defendants named in a breach of contract dispute can stand without showing every alleged conspirator committed an underlying unlawful act.
Appeals panel offers direction to abusive pro se litigant
The Indiana Court of Appeals has heard about enough from pro se litigant Eddie G. Love.
Man convicted of brutal beating loses appeal despite errors
A man who was convicted of the brutal beating of his stepfather lost an appeal Wednesday that argued his 2008 traumatic brain injury, prosecutorial misconduct and other factors should have reversed or mitigated his 20-year sentence.
COA reverses custody evaluation granted to grandparents
A trial court that expressed in the record reservations about the legal status of granting a visitation evaluation sought by grandparents of children in the care or another grandparent had those doubts confirmed Wednesday when the Court of Appeals reversed.
Man gets 11 years for $1M copper wire theft
A northern Indiana man who admitted to stealing $1 million worth of copper wire from a recreational vehicle plant where he worked has been sentenced to 11 years in prison.