Foreclosure notice by newspaper not good enough for COA
A bank’s failure to give proper notification of a foreclosure has kept a lienholder’s judgment alive and created uncertainty as to who holds the title to a property.
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Judges affirm 95-year sentence for molesting boy
Although the trial court erred in admitting most of the pornographic images possessed by the defendant at his child molestation trial, the admission was a harmless error. As such, the Indiana Court of Appeals affirmed William Remy’s 95-year sentence for five charges related to repeated molestation of a boy.
COA: Out-of-state attorneys demonstrated good cause for pro hac vice admission
A Lake County judge misinterpreted a local rule when he determined that five attorneys seeking pro hac vice admission in a contract dispute did not overcome a presumption that attorneys not licensed in Indiana are not permitted to practice before the court. The Court of Appeals ordered the admission of the attorneys.
COA reverses foreclosure because bank can’t prove it holds the note
The Indiana Court of Appeals has reversed the foreclosure of an Elkhart man’s home, holding the bank that sought the foreclosure did not establish it was entitled to enforce the promissory note as its holder.
7th Circuit rebukes counsel involved in attempt to collect debt
The 7th Circuit Court of Appeals had harsh words for counsel on both sides of a lawsuit involving an unpaid educational debt, finding the attorneys have demonstrated “appalling judgment” in this case.
Taft partner appointed to Bankruptcy Court
Jeffrey J. Graham, a partner at Taft Stettinius & Hollister LLP in Indianapolis, is the newest Bankruptcy judge in the Southern District of Indiana. The 7th Circuit Court of Appeals announced his appointment Monday.
Justices take 4th Amendment case
The Indiana Supreme Court will decide a case that divided the Indiana Court of Appeals over whether marijuana and a pipe found after a traffic stop should be suppressed.
Former workers file suit against state lawmaker
A lawmaker who was one of nine Republican state senators to vote against a right-to-work law two years ago is accused in a lawsuit of failing to pay his employees more than $220,000 in wages and other benefits.
Dispute over unpaid sewer fees could head to court
Dozens of residents in southern Indiana could face legal action for failing to pay to tie in to sewer lines in a newly annexed area.
Attorney asks judge to reverse life with no parole
An attorney for a southwestern Indiana man found guilty of fatally shooting his ex-girlfriend's father is asking a judge to reverse the most serious conviction against him.
JQC issues advisory opinion to judges with family members running for office
Judges who have a family member running for elected office may appear in campaign materials as long as the judge’s title or position isn’t mentioned, the Indiana Commission on Judicial Qualifications decided in an advisory opinion released Friday.
Woman’s suit against hospital for disparaging comments revived by COA
A trial court erred when it dismissed a woman’s intentional infliction of emotional distress claim filed against Community Hospital after she says staff made derogatory comments regarding her situation after she was brought in unconscious and under the influence of a date rape drug.
Court: Father’s failure to timely register implies consent to adoption
The Indiana Court of Appeals has affirmed the adoption of a child by the maternal grandfather after finding the purported father irrevocably implied consent after failing to timely register with the Indiana Putative Father Registry.
COA: Letter satisfied notice requirements after city damages pipeline
The Indiana Court of Appeals has affirmed the denial of the city of Plymouth’s motion to dismiss an administrative action against it stemming from damages it caused to an underground natural gas pipeline. The appeals court found the Indiana Utility Regulatory Commission satisfied the statutory and administrative requirements concerning notice of the violation and recommended penalties.
Access counselor doubts city’s need for secrecy on justice center RFP
Indiana Public Access Counselor Luke Britt told the city of Indianapolis that he wasn’t swayed by its reasons for withholding its request for proposals for a new $500 million criminal justice complex.
COA orders trial over whether trucking company must pay for highway damage
The crash report prepared after a fatal trucking accident on Interstate 70 that resulted in damage to the highway should not have been included as evidence in the state’s lawsuit seeking recovery of the money it spent repairing the highway, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed summary judgment in favor of the state and ordered the matter proceed to trial.
Justices affirm adoption despite father’s untimely appeal
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
1,291-day delay in holding trial requires reversing conviction
The “unduly long delay” in bringing a man to trial on a charge of child molesting – 1,291 days – violated his constitutional right to a speedy trial and requires reversing his conviction, the Indiana Supreme Court ruled Wednesday.
Child services investigators claim unpaid overtime
Two Indiana Department of Child Services investigators say in a lawsuit that they've had to work extensive overtime without receiving required overtime pay.
Second suit filed over Wal-Mart PCB contamination
A second lawsuit has been filed as a result of toxic contamination discovered at an Indianapolis Wal-Mart return center.