Justices take 3 cases
The Indiana Supreme Court granted transfer to three cases last week, including a lawsuit filed by parents after their severely disabled daughter died at school as a result of choking on food.
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COA: Insurer has no liability for dog bite injuries
The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing at the home, whose dog bit the boy, was not considered an insured under the policy.
New commission on children executive committee includes justice, DCS head
The Commission on Improving the Status of Children, created during the 2013 legislative session, announced its executive committee Tuesday. The committee includes Indiana Justice Loretta Rush, who also serves as commission chair.
Property tax assessment prevents township from controlling cemetery
Because a couple had paid taxes on the land where a cemetery existed since 1967, the township did not have authority under Indiana law to exercise control over that cemetery, the Indiana Court of Appeals affirmed Monday.
24 more school corps join IRS lawsuit on employer mandate
Twenty-four additional school corporations have joined the lawsuit filed in October by the state of Indiana and 15 school corporations against the Internal Revenue Service challenging the tax penalties that could be imposed in 2015 under the “employer mandate” of the Affordable Care Act.
Juvenile Detention Alternatives adds 11 counties
Eleven counties have joined the original eight participating in Indiana’s Juvenile Detention Alternatives Initiative, the Indiana Supreme Court announced Monday. The expansion will extend JDAI services to 56 percent of juveniles from 10 to 17 years old.
Indiana among states wanting SCOTUS to clear the air on pollution standard
A coalition of 14 states, including Indiana, are headed to the Supreme Court of the United States Dec. 10 to argue that the U.S. Environmental Protection Agency has overstepped its authority, again, in trying to regulate air pollution in upwind states.
Brother in Holiday World dispute still fighting for ownership
The family battle over the southern Indiana amusement park, Holiday World and Splashin’ Safari, could be moving to the Indiana Supreme Court.
State didn’t prove woman took drug while on probation
The Indiana Court of Appeals reversed the revocation of a Sullivan County woman’s probation, finding the state didn’t demonstrate that Michelle Orr Carpenter took a barbiturate while on probation.
COA: Bank lacks standing to appeal trust terminations
Old National Bancorp cannot appeal the termination of two trusts it served as a representative of, either in the representative capacity or on an individual capacity, the Indiana Court of Appeals held Thursday. As such, the court dismissed the appeal.
Ex-wife allowed to enter QDRO 20 years after divorce
In a matter of first impression regarding when a qualified domestic relations order must be filed, the Indiana Court of Appeals held that a woman who waited 20 years after her divorce to have her ex-husband sign a QDRO for division of his pension may still be able to submit it.
Policy provisions preclude coverage in settlement of class claims
Because the “voluntary payment” and “legally obligated to pay” provisions precluded coverage, a trial court properly entered partial judgment in favor of an insurer of a distillery involved in a settlement over damages caused to nearby buildings by the distillation process.
Child Support Court being reopened in Gary
Although an appeal is pending in the Indiana Court of Appeals, the child support court that had been consolidated to Crown Point in early 2013 is moving back to Gary.
Government may appeal Conour’s 10-year sentence
Federal prosecutors who argued for tougher punishment may appeal the 10-year sentence imposed in October for former attorney William Conour who pleaded guilty to a single count of wire fraud.
Husband can’t recover insurance proceeds after wife burns down house
The Indiana Court of Appeals Wednesday held that when an insurance company includes an explicit exclusion in its policy to cover loss resulting from an intentional act by a co-insured, the court will enforce that exclusion. Because a man’s policy included such an exclusion, he can’t recover insurance proceeds after his wife burnt down their home on purpose.
Christie elected to Judicial Nominating Commission
Lawyers have elected Indianapolis attorney Lee Christie to the Judicial Nominating Commission.
Notre Dame refiles suit against Obamacare ‘contraception mandate’
The University of Notre Dame has refiled a federal lawsuit seeking to block enforcement of the so-called contraception mandate included in the Patient Protection and Affordable Care Act.
Denial of SSI reversed for failure to consider mental health
A woman who claimed disability in part because of her diminished mental health will get another chance to present her case after the 7th Circuit Court of Appeals found the administrative law judge did not properly consider the opinions and testimony regarding the woman’s mental condition.
Sentenced as adult at 12, new plea may free Gingerich at 18
A boy who at age 12 was convicted of conspiracy to commit murder and improperly sentenced as an adult to serve 25 years in prison may be freed when he turns 18, according to a pending plea agreement.
Schools get $14 million settlement in ISTA, NEA securities suit
Four-year-old litigation over $27 million lost by at least 27 Indiana public school systems that invested in a troubled teachers union-sponsored health insurance plan has concluded with a settlement in which schools will receive about $14 million.