Judges affirm $40,000 judgment in lawsuit involving neighbors
Noting the grounds on which a defendant sought relief from a $40,000 default judgment are unclear, the Indiana Court of Appeals affirmed that the man must pay his neighbor that amount.
Courts
Articles
Lawsuits say Munster cardiologist inserted unneeded defibrillators
A Lake County cardiologist sued for performing surgeries to insert heart defibrillators that two patients say they didn’t need may have performed other such unnecessary procedures, attorneys say.
Indiana justices consider whether ‘cause of death’ is public information
The Evansville newspaper and local county health department appeared before the Indiana Supreme Court Thursday, reviving a dispute they had decades ago over whether death certificates are public record.
Judges affirm $6,600 in child support arrearage
The Indiana Court of Appeals agreed that a father owed only $6,600 in back child support and not $74,000 as the child’s mother claimed.
COA: State had no authority to bring paternity action
A trial court erred in ordering a southern Indiana teen to undergo genetic testing to establish paternity of a stillborn child, the Indiana Court of Appeals held Thursday. It found the state, which filed the petition for paternity on behalf of the mother, had no authority to bring the action because there were no custody or support issues to be determined.
Court rules Indiana must recognize couple’s same-sex marriage
Indiana must recognize the same-sex marriage of two women wed in Massachusetts, one of whom is gravely ill, a federal judge ruled Thursday. The state said it will appeal the narrow but historic ruling.
Court finds man abandoned shareholder derivative claim
Because a man “expressly and unambiguously” abandoned his shareholder derivative claim when responding to a court demand to specify his legal claims, he cannot now assert that claim on appeal, the Indiana Court of Appeals ruled.
Justices suspend attorney who staged own shooting
The Indiana Supreme Court has suspended the southern Indiana attorney who pleaded guilty last year to a misdemeanor charge stemming from shooting himself in a state park.
Justices disbar attorney, threaten imprisonment for future violations
An attorney who continued to practice law despite being suspended in Indiana has been disbarred by the Indiana Supreme Court for his “on-going, pervasive and deliberate” violations of the suspension order.
Former Clark Drug Court judge among incumbents who lost in primary
The Clark County judge who ran a drug court that kept some participants jailed for months without due process lost the primary election to a New Albany attorney.
COA addresses evidence needed for animal fighting conviction
For only the second time, the Indiana Court of Appeals has addressed the issue of evidence used to obtain a conviction under I.C. 35-46-3-8, which outlaws buying or owning an animal for an animal fighting contest.
Company fails to prove it is entitled to legal relief on 2 claims
The Indiana Tax Court Wednesday agreed with the Indiana Department of State Revenue that two claims made by a company appealing its tax liability should be dismissed because legal relief cannot be granted.
Indy mayor wins redistricting battle
The Indiana Supreme Court ruled in favor of Indianapolis Mayor Greg Ballard Wednesday in a dispute between the mayor and Democratic members of the city-county council who challenged a redistricting plan passed in late 2011.
Court of Appeals allows legal malpractice case to continue
The legal malpractice action filed by a man who pleaded guilty to money laundering – when he had the possibility to plead guilty to a misdemeanor if not for his attorney’s actions – will proceed after the Indiana Court of Appeals affirmed the denial of the attorney’s motion for summary judgment.
Statute doesn’t allow consecutive habitual offender sentences
The Indiana Court of Appeals reversed a man’s sentence for operating a vehicle while intoxicated, finding the trial court had no authority to order his present sentence, enhanced by the habitual substance offender statute, to be served consecutively to his previously enhanced sentences.
Excessive force, discrimination suit over alleged beating advances
A man who claims he suffered a bone-breaking beating at the hands of school employees providing security at his son’s high school football game may proceed with a federal lawsuit against the school district.
Brandeis home sells for nearly $2 million less than list price
The Louisville home where the late U.S. Supreme Court Justice Louis Brandeis spent his childhood has been sold at auction and appears likely to continue to be used as medical offices.
Justices uphold conviction for blogger’s threat to judge
The Indiana Supreme Court held that a blogger’s actions arising from being stripped of his children’s custody placed targets of his contempt in fear for their safety.
Indiana federal court vacancies could remain for years
The impact of the filibuster rule change on the role politics plays in the confirmation process remains to be seen.
Federal Bar Update: Free CLE, hyperlinks and award nominations
As noted previously, a new pilot program was underway in the Southern District of Indiana for including hyperlinks in briefs.