Courts - The Indiana Lawyer

Weighing all the risks in a workers’ compensation case

August 13, 2013

In A Plus Home Health Care Inc. v. Miecznikowski, the Indiana Court of Appeals confirmed that while the “positional risk doctrine” described by our Supreme Court in Milledge v. Oaks, 784 N.E.2d 926 (Ind. 2003), was defunct, the analysis of compensability of injuries under the neutral risk doctrine still applied. 983 N.E.2d 140, 143-144 (Ind. Ct. App. 2012) trans. denied, 985 N.E.2d 338 (Ind. 2013). When handling a workers’ compensation matter, practitioners need to be sure they conduct an appropriate analysis of all risk doctrines applicable to the claim.

Blogger attorney Ogden grilled in public discipline hearing

August 13, 2013

Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours July 30 in a hearing before the Indiana Disciplinary Commission.

Accused murderers likely to stay in jail awaiting trial

August 13, 2013

When the Indiana Supreme Court upended 150 years of precedent concerning murder defendants, it raised eyebrows and stirred debate but, in practice, the impact of the opinion is expected to be very limited.

Lawyer’s report sounds latest alarm about Marion County Small Claims courts

August 13, 2013

Problems with Marion County’s Small Claims courts are by now well-documented. After the Wall Street Journal took note of forum shopping, creditors’ cozy relationships with some courts and other lax practices, Court of Appeals Judge John Baker and Senior Judge Betty Barteau issued a report advocating reform.

Nigerian immigrant’s religious discrimination suit carries cautions for employers

August 13, 2013

Sikiru Adeyeye had a mission when his father died in Nigeria three years ago. Letters to his employer asking to take one week of paid vacation and several weeks off without pay expressed the urgency of his obligation.

Shuai case resolved, thorny legal issues remain

August 13, 2013

A resolution that spared Bei Bei Shuai more jail time and dropped murder and attempted feticide charges filed after the death of her newborn daughter did little to clarify the state of the law under which she was prosecuted.

Ex-IURC leader’s criminal charges dropped

August 12, 2013

The former chairman of the Indiana Utility Regulatory Commission won’t face trial on felony charges stemming from an ethics scandal at the agency, a judge ruled Monday.

Ineffective counsel claim sufficient to overcome waiver in plea agreement

August 12, 2013

Despite a man’s plea agreement in which he waived his right to challenge his conviction under 28 U.S.C. 2255, the 7th Circuit Court of Appeals ruled he can seek to have his conviction overturned because the 2255 waiver does not bar his claim that his trial counsel was ineffective.

Tax Court: Miller Pipeline lacks support for summary judgment

August 12, 2013

An Indianapolis pipeline company must proceed to trial in its bid to earn a refund of sales and use taxes, Senior Judge Thomas Fisher ruled for Indiana Tax Court.

Conour, government agree to sale of assets

August 12, 2013

Convicted former attorney William Conour’s possessions in his foreclosed Carmel home, including original artwork and a collection of premium wine and champagne, could be sold with proceeds directed toward a court fund established for victim restitution according to a joint motion filed in federal court.

Time spent in federal custody does not interfere with right to speedy trial

August 9, 2013

A defendant’s repeated incarcerations in other jurisdictions did not interfere with his right to a speedy trial in Indiana.

Burglary, criminal mischief sentences double jeopardy, split COA rules

August 9, 2013

A man ordered to serve 18 years in prison will be resentenced after an Indiana Court of Appeals panel ruled Friday that his convictions of Class C felony burglary and Class A misdemeanor criminal mischief constituted double jeopardy.

Single sewer lien not enough to bring foreclosure

August 8, 2013

Despite liens against their respective properties, two homeowners will be able to keep their properties out of the county tax sale.

Judge: Conour to stay behind bars before sentencing

August 8, 2013

Former attorney William Conour will remain jailed pending his sentencing in a little more than two months, a federal judge has ruled.

Justices revive malpractice suit alleging doctor’s failure to warn patient not to drive

August 8, 2013

A medical malpractice suit arising from a debilitating head-on automobile crash should not have been disposed of through summary judgment in favor of the doctor, the Indiana Supreme Court ruled Thursday. Justices reversed the order and sent the case back to the trial court.

Dispute over Uptown Business Center in SoBro gets messier

August 7, 2013

A months-long court feud over a retail building at the southwest corner of 49th Street and College Avenue in Indianapolis has become even more heated now that the owner has sought bankruptcy in an attempt to delay foreclosure on the structure.

Judge tosses one of two stent patent suits against Cook Medical

August 7, 2013

A federal judge Wednesday dismissed a patent dispute case against Cook Medical Inc. of Bloomington, but a Texas corporation continues to press its claim that the device maker infringed its patents on blood vessel stents and grafts.

Muncie church did not invade on grieving couple’s privacy

August 7, 2013

A church that issued a press release and held a press conference following the sudden death of a baby boy was found to not have interfered with the parents’ reasonable expectation of solitude and seclusion.

Holiday World family takes dispute to Court of Appeals

August 6, 2013

An agreement meant to keep a popular amusement park in the family has sparked a bitter dispute that has reached the Indiana Court of Appeals.

Seizure of guns upheld for ‘dangerous’ man who stalked Spierer site

August 6, 2013

A man who behaved erratically, told far-fetched stories of seeing missing Indiana University student Lauren Spierer, and scoped out the place she was last seen alarmed Bloomington police enough that authorities took from him and his Indianapolis home 51 guns and ammunition.

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