Summary judgment inappropriate in light of pending discovery
Noting a pending discovery may still turn up answers, the Indiana Court of Appeals overturned a summary judgment and allowed a feud between former business partners to continue.
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Treatment facility that released patient information not entitled to summary judgment
A man who says he is suffering negative repercussions after a mental health facility released his medical information to a family member will be able to move forward with his case in court.
COA: Insurance agent did not have duty to advise
The Indiana Court of Appeals affirmed summary judgment in favor of an agent and an insurance company after the owner of a pub sued them believing they owed a duty to advise that the policy the pub chose would be insufficient to cover the replacement cost of the building.
Judges affirm county commissioners can sue attorney for legal malpractice
The trial court did not err in denying an attorney’s motion to dismiss a legal malpractice claim brought against him by Clark County’s Board of Commissioners and Aviation Board, the Indiana Court of Appeals ruled.
Trial court lacked authority to order dad to pay for child’s college
Tackling an issue of first impression involving a request for payment of post-secondary education expenses, the Indiana Court of Appeals held that a child support order under I.C. 31-16-6-6 refers to the parties’ most recent order concerning support.
7th Circuit will hear killer’s appeal en banc
The full 7th Circuit Court of Appeals will decide whether an Arkansas man on death row should die for killing a Texas woman nearly 20 years ago. The judges decided Wednesday to grant Bruce Carneil Webster’s petition for rehearing en banc.
COA dismisses appeal as moot since inmate has been released
Because a man who was sent to the Department of Correction after his community corrections placement was revoked has been released from prison, his appeal is moot, the Indiana Court of Appeals ruled Friday.
Judges dismiss appeal of small claims judgment as untimely
Finding an auto dealer untimely appealed the denial of his motion to correct error regarding a judgment in favor of a buyer, the Indiana Court of Appeals dismissed the appeal.
Trial of surgeon in murder plot may be moved
A northern Indiana surgeon accused of plotting to kill his ex-wife and make it look like suicide could get a change of venue for his upcoming trial.
Woman convicted in deadly wrong-way crash appears in court
Attorneys for an Indianapolis woman convicted of killing six children and a 40-year-old man in a head-on traffic collision asked a judge for a new trial Thursday, arguing in part she had inadequate legal counsel.
Indiana’s high court hears IBM welfare case
Indiana's Supreme Court justices grilled attorneys for the state and IBM Corp. on Thursday about the company's failed attempt to privatize Indiana's welfare services, which prompted the state to cancel IBM's $1.3 billion state contract less than three years into the 10-year deal.
Southern District accepting applications for new part-time magistrate
A part-time magistrate position has become available in the New Albany location of the U.S. District Court for the Southern District of Indiana, thanks to authorization from the Judicial Conference of the United States.
Judges reverse teen’s adjudication for resisting law enforcement
Citing lack of evidence, the Indiana Court of Appeals reversed an Indianapolis teen’s adjudication as a juvenile delinquent for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. None of his actions suggested any criminal activity was afoot.
Man didn’t prove ineffective assistance of counsel
The Indiana Supreme Court affirmed the denial of post-conviction relief for a man who charged his attorney was ineffective for not doing a better job arguing the sufficiency of the evidence to prove the defendant conspired to commit dealing cocaine.
Justices: Pattern Jury Instruction 9.05 is correct statement of law
Clearing up confusion among the courts as to whether a jury instruction regarding the definition of “intentionally” can include that the defendant intended to “cause the result” of his conduct, the Indiana Supreme Court affirmed Pattern Jury Instruction 9.05 represents a correct statement of the law.
Midwest rappers, others charged with fraud
Members of an Indiana-based rap group called RACK Boyz and other suspects from Illinois made hundreds of thousands of dollars in a bank fraud scheme that included wooing participants through social media and Internet videos, federal and state authorities said Wednesday.
Woman convicted in deadly crash returning to court
A woman convicted 13 years ago of killing seven people in a head-on collision that prosecutors said was a suicide attempt is headed back to court.
Not guilty pleas for suspect in 7 Indiana deaths
A judge recorded not guilty pleas Wednesday for a former Marine who is charged with murder in the strangulation deaths of two women found in northwestern Indiana and is suspected of killing five others.
Court orders more proceedings on injured subcontractor’s negligence lawsuit
Finding genuine issues of material fact exist in a negligence lawsuit as to the general contractor’s role in a subcontractor’s injury, the Indiana Court of Appeals reversed summary judgment and ordered further proceedings.
Justices reverse judgment for defendants in suit involving student’s death
The Indiana Supreme Court has ordered further proceedings in a negligence lawsuit filed by the parents of a special needs student who died after choking on her lunch at school. The justices found there are questions as to whether the parents complied with tort claim notice requirements, so judgment in favor of the defendants is not proper.