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.
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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.
Judge finds Google’s book project ‘transformative’
Attorneys differ on whether the recent ruling benefits society or opens the door for infringement.
Indiana Judges Association: ‘You can’t eat the Constitution’
Like most judges, Shay Minton’s achievements were numerous, but largely unmeasured.
Kraft wins in food fight with Cracker Barrel
A federal appeals court ruled recently that savvy consumers might be confused if food branded Cracker Barrel Old Country Store was sold in grocery stores that carry Kraft’s Cracker Barrel brand cheese. Turns out even a law professor who teaches a course on trademarks and unfair competition might be fooled.
State, IBM contest $62 million award for canceled welfare contract
Indiana Court of Appeals judges spent the better part of a 90-minute oral argument Nov. 25 focused on whether a trial judge’s order applied the proper legal standards in awarding $62 million to IBM after the state canceled its $1.3 billion contract to overhaul Indiana’s welfare administration.
Commission recommends removing embattled judge
Marion Superior Judge Kimberly Brown should be removed from office, the Indiana Judicial Qualifications Commission recommends in findings of fact compiled after the weeklong hearing of a 47-count complaint that concluded Nov. 10.
Insurance employee loses overtime appeal
An insurance company employee lost an appeal for overtime compensation when the 7th Circuit Court of Appeals on Wednesday affirmed a District Court grant of summary judgment in favor of the employer.
COA reversal: Property manager can’t keep renter’s late fees
A property owner’s lawsuit seeking a class action against a property management company that kept late fees paid by renters was revived by the Court of Appeals on Wednesday. The appellate panel reversed dismissal of the suit and ordered further proceedings.