Local law firm reaps $6.3M in fees from BMV class-action suit
A local law firm will receive $6.3 million as part of a class-action lawsuit that accused the Indiana Bureau of Motor Vehicles of overcharging for driver’s licenses.
Courts
Articles
Text messages properly admitted in custody dispute
The Indiana Court of Appeals held Wednesday that evidence presented during a custody modification hearing laid a sufficient foundation for the admission of text messages between the mother and father.
Court rules in favor of subcontractor suing Fort Wayne
The Indiana Court of Appeals held Wednesday that a trial court properly granted summary judgment for a subcontractor seeking payment from the city of Fort Wayne after the general contractor working on the city park project declared bankruptcy.
Court finds facilities have immunity in suit over detention
The three unidentified entities involved in the detention of a Bloomington man for several days after he refused in-patient treatment for alcoholism are entitled to immunity in his lawsuit alleging medical malpractice, the Indiana Court of Appeals ruled Wednesday.
Neighbors entitled to 12-foot strip of land under doctrine by acquiescence
In a dispute between longtime neighbors over use and ownership of a strip of land, the Indiana Court of Appeals affirmed summary judgment for one set of neighbors based on the doctrine of title by acquiescence.
COA: Possession of syringe doesn’t support conviction
Because the state did not introduce evidence that a man intended to use a syringe found in his pocket after being stopped by police to inject a controlled substance into his body, his conviction for Class A misdemeanor possession of paraphernalia must be reversed, the Indiana Court of Appeals concluded.
Court warns about improper use of address
The United States Bankruptcy Court for the Southern District of Indiana has a message for attorneys: Do not refer to its post office box address in filer-generated notices.
JPMorgan enters into $13B settlement with states, federal government
JPMorgan has agreed to pay a record $13 billion to settle federal and state civil claims arising out of its packaging, selling, marketing and issuance of residential mortgage-backed securities, the Department of Justice announced Tuesday.
Appeals court affirms molester’s conviction, splits on probation restriction
A man’s 15-year executed prison sentence for a conviction of child molesting was affirmed by a Court of Appeals panel Tuesday, but one judge found the conditional probation restrictions on activities involving children unconstitutionally vague.
Justices reinstate case dismissed over service questions
The Indiana Supreme Court reversed dismissal of a case because of questions about whether a defendant had properly been served notice.
US Supreme Court takes pass on cyberspying petition
Although the Supreme Court of the United States decided Monday, not to consider a petition challenging the legality of the National Security Agency’s surveillance activities, one cybersecurity expert at IU expects the issue will eventually come before the nine justices.
Disciplinary Actions -11/20/13
Read who’s been disciplined recently by the Indiana Supreme Court.
Indiana Judicial Nominating Commission vote extended
Two Indianapolis attorneys – Barnes & Thornburg LLP partner Jan Carroll and Lee Christie, partner with Cline Farrell Christie & Lee – will have to wait a bit longer to find out who their peers elect to serve on the Indiana Judicial Nominating Commission.
Fostering cooperation between Indiana legal service providers
The Indiana Supreme Court has formed a new commission to address the problem of Indiana residents who cannot afford legal services. But rather than giving attention to the clients, this group will focus on the nonprofit agencies that provide the assistance.
Marion Superior Judge Brown’s discipline case likely one for the record books
The 47-count case against a Marion Superior judge appears to be the most voluminous judicial discipline proceeding in the state’s history, according to people familiar with the case and matters of judicial discipline.
Plain English to arrive in legal briefs near you
Ask lawyers or law professors to describe legal writing, and some of the adjectives used include: stuffy, convoluted, long-winded, confusing, expletive and pompous. Comparisons to the court case in Charles Dickens’ “Bleak House” and William Faulkner’s book “The Sound and the Fury” are also made.
Gibson: Managing drug and medical device mass-tort litigation
A common mistake is the belief that a mass tort and a class action are interchangeable terms. While the paths of class actions and mass torts may cross, they are separate and distinct legal proceedings.
Lawyers want to settle tainted medication suit
The product-liability litigation arising from the outbreak of fungal meningitis across the United States that infected nearly 100 Hoosiers has become mixed with a bankruptcy, a possible criminal investigation and a desire by plaintiff attorneys to reach a settlement soon so their clients can get restitution.
‘Contraception mandate’ goes before SCOTUS
A Madison family business is at the forefront of a legal challenge the Supreme Court of the United States will conference over Nov. 26 – whether the Patient Protection and Affordable Care Act “contraception mandate” violates the religious liberties of company owners whose faith proscribes birth control.
Indiana inventors tell Maurer students about challenging big business in federal court
Speaking recently to a group of students at Indiana University Maurer School of Law, Lebanon inventor Larry Durkos and his son, Duane, told their story of battling the biggest giant in the bedding industry and winning.