COA still finds supervised visitation argument moot
After acknowledging that a father did file a reply brief arguing the issue of supervised parenting time was not moot, the Indiana Court of Appeals on rehearing still found his argument to be moot.
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COA affirms parental termination in child’s best interest
A mother’s inability to adequately care for her child, leading to the girl’s failure to thrive, supports the termination of mother’s parental rights, the Indiana Court of Appeals held Thursday.
Contractor owed no duty to worker injured during construction of Carmel arts center
Summary judgment for a contractor on the Carmel Regional Performing Arts Center construction was appropriate, the Indiana Court of Appeals ruled, rejecting an injured worker’s argument that a duty was owed to him based on federal workplace safety regulations.
Owners of spooked horse entitled to summary judgment in negligence suit
The Indiana Court of Appeals ruled Thursday that the owners of a horse that trampled a man after getting loose at the Marshall County 4-H Fairgrounds didn’t have reason to know the horse had any dangerous propensities prior to the accident. The court affirmed summary judgment in a negligence lawsuit on the issue.
Having the ingredients is not proof of a man’s intention to cook
Despite the state’s attempt to convince the Indiana Court of Appeals that its decision in a similar case was erroneous, the panel upheld precedent and found that a man’s possession of cold tablets and batteries is not proof he intended to manufacture methamphetamine.
Fake IOLTA notice potential phishing scheme
Some lawyers received two email notices involving Interest on Lawyer Trust Accounts this week. But, only the one sent from the state courts is legitimate. The other may be a phishing scheme.
Warrick County man’s land correctly classified as residential excess acreage
A Warrick County man fighting the 2009 tax year assessment of his land received only a partial victory in the Indiana Tax Court Tuesday. The validity of his 2009 assessment will stand.
Summary judgment reversed in retroactive tax case
Finding a genuine issue of material fact as to when a company’s owners could have discovered that their plans investing in cash value life insurance were actually taxable, the Indiana Court of Appeals reversed summary judgment in favor of the consultant who advised the company’s owners to invest in those plans.
Participation in travel soccer league supports modifying custody
The Indiana Court of Appeals reversed the denial of a mother’s request to modify a custody order entered in 2007 when her children were in grade school, finding their participation in travel soccer leagues and the distance between the parents’ homes warrants a change.
Citing shutdown, federal court stays many civil cases
The federal government shutdown has led to a stay of nearly all civil actions in the U.S. courts in Evansville, Indianapolis, New Albany and Terre Haute in which the federal government has an interest.
Legislator says state trying to deny health care insurance to Hoosiers
Democratic State Rep. Ed DeLaney has called for the state’s lawsuit against the Affordable Care Act to be thrown out of court “as quickly as humanly possible.”
Sub shop’s appeal 86’d by court
A Jersey Mike’s Subs located in the now-closed College Football Hall of Fame in South Bend didn’t have the right to continue operating in the Hall of Fame building, according to the Indiana Court of Appeals’ interpretation of the operating agreement.
Lilly scientists stole $55M in secrets, indictment alleges
Three former employees of Eli Lilly and Co. allegedly transferred trade secrets that Lilly values at more than $55 million to a competing Chinese drug company, according to an indictment unsealed Tuesday in federal court.
‘Notre Dame 88’ lawyer cleared in discipline case
An attorney who argued that a judge’s bias warranted her recusal from a case involving pro-life students arrested for protesting the announcement of President Barack Obama’s appearance at the University of Notre Dame was cleared of disciplinary charges Tuesday.
State, public schools sue federal government over Obamacare
Fifteen Indiana school districts and the state of Indiana have filed a lawsuit challenging the federal health care law and subsidies that are available to Hoosiers under rules set by the IRS.
Trial court’s suppression order binding to ethics commission
After turning to the Indiana State Ethics Commission when a trial court ordered the evidence in a theft case suppressed, the state was reminded it “does not get a second bite at the apple.”
Walking down sidewalk while drunk does not meet new conditions for public intox, COA rules
Four criteria added to the state’s public intoxication statute in 2012 presented the Indiana Court of Appeals with a question of first impression when it considered a man’s arrest for being drunk in a public place.
COA reverses involuntary termination order for a second time
The Indiana Court of Appeals sharply rebuked a trial court as having “committed clear error” by relying on old evidence and testimony in terminating a Vanderburgh County couple’s parental rights.
Attorney emerges as leader in international adoptions
Michele Jackson marched into an internship in 1999 hoping to deliver a swift blow to international injustices against women and children. The 24-year-old Indiana University law student didn’t realize how unpleasant the topics would be.
Indiana courts grappling with requirement to use psychiatrists in insanity evaluations
Although members of the Indiana Legislature’s Commission on Courts appeared to be skeptical of a proposal to revise the statute concerning insanity evaluations, their concerns may be trumped by the need to be pragmatic.