Judge rules against residents in lawsuits over hog smell
A judge has ruled state law protects four large hog farms from lawsuits filed by residents of an eastern Indiana county who complained about waste and foul smells from their operations.
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Summary judgment proper on issue of causation, COA rules
The Indiana Court of Appeals has affirmed summary judgment in favor of a doctor sued by a patient who claimed a delay in a diagnosis caused him to have increased pain and problems. The evidence doesn’t establish a genuine issue of material fact on the issue of causation.
Man can be charged for failing to register in 2 counties
The Indiana Court of Appeals has ordered a trial on a charge of failing to register as a sex offender in Vanderburgh County, ruling that a man can be charged in that county even though he pleaded guilty to failing to register in a different county based on the same move.
Hauke accounting firm to pay $1.8M in fraud settlement
DeWitt & Shrader PC, an Indianapolis-based accounting firm that worked for convicted Ponzi schemer Keenan Hauke, has agreed to pay $1.8 million to settle a state lawsuit, Indiana Secretary of State Connie Lawson announced Tuesday.
Gay couples’ lawyers object to full-court hearing
Attorneys on either side of a lawsuit over Wisconsin and Indiana's overthrown gay marriage bans are wrangling over how many federal judges should hear the states' appeal, a technical issue that could make a big difference.
Blood tests for DWI cases costing Hancock County
In the hands of a jury, a simple blood test can mean the difference between a drunken-driver who is convicted and one who walks free.
Government failed to prove man intended to sell unstamped cigarettes in Indiana
The 7th Circuit Court of Appeals Tuesday reversed the denial of a man’s motions for judgment of acquittal on a charge that he brought cigarettes from Kentucky to sell in Indiana without paying an Indiana tax on them. The government couldn’t show that Haitham Mohamed intended to sell the 1,170 packs of cigarettes in Indiana.
COA: drug court participant not entitled to credit time for electronic monitoring
The trial court properly denied awarding credit time to a drug court participant on electronic monitoring who violated the conditions of his agreement four times, the Indiana Court of Appeals ruled.
Illinois law applies to accident in that state involving Hoosiers
A trial court properly held that Illinois substantive law is applicable to a collision that occurred in Illinois between two Indiana residents, the Court of Appeals concluded Tuesday.
Court erred in denying nursing home’s motion to compel arbitration
A trial court incorrectly concluded that an arbitration agreement contained in a nursing home’s facility admission agreement was ambiguous because the parties bound by the agreement are not clearly named, the Indiana Court of Appeals held Tuesday.
COA upholds father’s $1,419 weekly child support obligation
In affirming the trial court’s decision to increase a father’s weekly child support obligation to four times the amount he and his ex-wife initially agreed to, the Indiana Court of Appeals asked the Supreme Court to determine how Indiana Code 31-16-8-1 should be interpreted.
Fired DOC counselor’s sex-discrimination claim revived by 7th Circuit
The 7th Circuit Court of Appeals reinstated a former Department of Correction substance abuse counselor’s lawsuit alleging sex-discrimination and hostile work environment, finding she was treated differently as compared to the employee she had an affair with while working at a maximum-security prison.
Split court upholds man’s conviction for conspiracy to commit robbery
Citing an issue of first impression, the majority on the Indiana Supreme Court Tuesday concluded that a man could be convicted of Class A felony conspiracy to commit robbery even though the targeted victim was not robbed or harmed in any way.
City fails to prove urine sample arrived at lab with seal intact
The Indiana Court of Appeals affirmed the finding that a city of Gary employee was discharged but not for just cause. The judges pointed to incomplete paperwork regarding an on-site screen custody form.
COA splits over whether pat down after traffic stop was justified
A majority on the Indiana Court of Appeals concluded that a trial court abused its discretion when it denied a man’s motion to suppress drug evidence found on him after police pulled him over for failing to signal a turn. But the dissenting judge believed the arresting officer had sufficient reason to think the defendant might be armed and dangerous during their encounter.
Judge blocks ordinance aimed at I-69 work noise
The Indiana Department of Transportation can resume nighttime work on the Interstate 69 extension near Bloomington.
Indiana man pleads not guilty to courthouse threat
A man has pleaded not guilty to federal charges that he threatened to blow up an Indiana courthouse and kill judges and police officers.
Justices agree amendment adding defendants was timely filed
The Indiana Supreme Court on Monday granted transfer to a case and adopted the Court of Appeals opinion in the matter involving a wrongful death claim stemming from a mower accident.
Woman waived challenge to amount of loss attributable to her conduct
The 7th Circuit Court of Appeals affirmed the 57-month sentence for a woman involved in a real estate fraud scheme, finding she waived the issue regarding the amount of loss attributable to her conduct.
Mom can’t receive damages based on daughter’s injuries caused by mold
The Indiana Court of Appeals reversed a compensatory damage award of $20,000 to the parents of an adult daughter who was sickened by mold growing in her apartment after finding the facts of the case don’t support the amount awarded.