Bankruptcy Court updating procedure for Chapter 13 confirmation hearings
The United States Bankruptcy Court for the Southern District of Indiana will be changing how it handles Chapter 13 confirmation hearings beginning July 1.
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SCOTUS issues 3 decisions; opinions on Ball State case, same-sex marriage to come
Those who hoped to learn how the Supreme Court of the United States will rule on same-sex marriage likely will need to wait until next week. The U.S. justices issued three opinions Thursday, although none were from the highly anticipated cases before them.
Lawsuit seeks impartial decision-maker in license plate dispute
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of the Indiana Youth Group challenging the authority of the state’s Bureau of Motor Vehicles to issue an order of remand on its administrative law judge’s order to restore the LGBT youth group’s specialty license plate.
Tax Court rejects company’s claim it was a passive investor
A mobile telecommunications group was unable to convince the Indiana Tax Court Tuesday that it was entitled to summary judgment on the issue of whether it should have received a refund for paid adjusted gross income tax.
Court upholds public intoxication conviction
A man who refused to leave the side of a friend’s mother after she was hit while crossing the street in Indianapolis had his conviction of Class B misdemeanor public intoxication upheld by the Indiana Court of Appeals Wednesday. The court found sufficient evidence to sustain the conviction.
Man’s claims that protective sweep, search are unconstitutional fail
A protective sweep and subsequent search of a house following the issuance of a search warrant were reasonable under the federal and state constitutions, the Indiana Court of Appeals ruled. The defendant argued that the scope of the sweep – which led to the discovery of drugs and paraphernalia – was impermissibly broad.
COA reverses denial of petition to dismiss protective order
A Jackson Superior Court erred in denying a couple’s request to dismiss a protective order the wife had taken out against her husband, the Indiana Court of Appeals ruled, because the statute contains the word “shall” regarding the court’s actions when one files for a dismissal of the protective order.
Indy attorney gets 6 years for estate theft
An Indianapolis attorney who faced felony charges for stealing more than $270,000 from an estate he managed pleaded guilty and was sentenced to six years, the Marion County Prosecutor’s Office announced Tuesday.
Although Miranda rights were violated, physical evidence still admissible
Although a man’s incriminating statements made while sitting in a police car should have been suppressed, the Indiana Court of Appeals ruled the error was harmless because the physical evidence seized was sufficient to sustain his convictions.
Dismissal of Navistar workers’ complaint upheld by 7th Circuit
A group of unionized workers laid off by an Indianapolis engine plant who brought an action for breach of the collective-bargaining agreement didn’t provide enough factual content in their complaint to allow it to proceed in court, the 7th Circuit Court of Appeals ruled Tuesday.
Court can’t modify mortgage without both parties’ consent
A trial court doesn’t have the authority to modify a mortgage agreement without the consent of both parties participating in a settlement conference if they don’t agree to the terms of a foreclosure prevention agreement, the Indiana Court of Appeals ruled.
Trial court errs in granting motion regarding doctors’ contract dispute
The Indiana Court of Appeals has found that a cardiologist’s breach of contract complaint may have been “unartfully drafted,” but it still adequately stated a claim for tortious interference with a contract.
Disciplinary Actions – 6/19/13
Read who’s recently been suspended by the Indiana Supreme Court.
Fines will stand in legislative walkout case
The Indiana Supreme Court has ruled the dispute over fines imposed on lawmakers resulting from Democratic walkouts during the 2011 and 2012 legislative sessions is outside of the court’s authority to render a decision.
Nearly 200 law students pass the February 2013 Indiana Bar Exam
The Indiana Lawyer congratulates the individuals listed on passing the February 2013 bar exam.
Indiana applicants can use laptops to take bar exam
While the state Board of Law Examiners considers making substantive changes to the Indiana Bar Exam, technology has already ushered in a change to how the test is taken. February 2012 applicants were the first allowed to use their laptops on the first day of the exam. They could type their essays as opposed to handwriting their thoughts in the traditional blue book.
SCOTUS: isolated, naturally occurring DNA segment can’t be patented
A naturally occurring DNA segment is not eligible for a patent simply because it has been isolated, the Supreme Court of the United States ruled June 13. DNA that is not a product of nature may be patent eligible, however.
SCOTUS ruling emboldens lawmakers to expand DNA collection
This time next year, Indiana may join the majority of states that collect DNA samples from people arrested on suspicion of committing felonies, rather than only from those convicted. Lawmakers who’ve been stymied are encouraged by a Supreme Court of the United States decision upholding the practice.
Large ‘pay-to-delay’ payments may become history after U.S. Supreme Court ruling
A decision handed down by the Supreme Court of the United States Monday could end the practice of pharmaceutical companies paying competitors very large sums to keep their generics off the market.
Justices take trust case after hearing arguments
After hearing arguments June 6 in a dispute over the sale of a family farm, the Indiana Supreme Court has decided to take the case.