Justices vacate transfer in third appeal of Fort Wayne foreclosure case
The Indiana Supreme Court decided this week that it won’t take the third appeal in the case involving a Fort Wayne restaurant operator sued by former mortgagors.
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Defendant in trial over concert hall defects tries to halt repairs
Attorneys for the Michigan contractor being sued over construction defects at Carmel’s Palladium concert hall have asked a Hamilton County court to halt repair work immediately to preserve evidence in the case.
Panel disagrees as to when woman failed to mitigate damages
By a vote of 2-1, the Indiana Court of Appeals Friday reduced nearly $94,000 in damages to just $117 after finding the seller of a condo failed to mitigate her damages after the buyers backed out of the sale over repairs. Judge Cale Bradford believed seller Gayle Fischer was entitled to the original damages award.
Justices take Rockport gasification appeal
The Indiana Supreme Court will hear an appeal that could determine the fate of a controversial proposal to fund a southern Indiana coal gasification plant with guaranteed prices above current market rates for the substitute natural gas it would create.
AG turns over $331k to East Chicago in RICO case
Racketeering litigation that began in 2004 against former East Chicago Mayor Robert Pastrick ended Thursday as Indiana Attorney General Greg Zoeller turned over more than $331,000 the state collected from Pastrick and co-defendants to the city.
Indy organization part of first-ever settlement involving REO properties
The Fair Housing Center of Central Indiana is one of 13 fair-housing organizations that will split a $27 million settlement from Wells Fargo Bank with the National Fair Housing Alliance after a complaint alleged the bank better maintained its real estate properties in white neighborhoods.
Man who fled after hearing not entitled to discharge
The motion for discharge under Indiana Criminal Rule 4(C) by a man charged in connection with a gun shop burglary in Morgan County was properly denied by the trial court, the Indiana Court of Appeals held Thursday. Much of the delay in bringing him to trial within a year was attributable to the appellant, including his decision to flee after a hearing.
Former U.S. attorney, Superior judge dies
Retired Judge Alfred W. Moellering of Fort Wayne died Sunday at the age of 86. He was a longtime Superior Court judge in Allen County.
Deputy prosecutor fired for errors in handling protective order violation
The employment of an unnamed St. Joseph County deputy prosecutor has been terminated after deciding not to prosecute a man following his May arrest for violating a protective order. Several days later, that man allegedly stabbed and killed his young daughter.
Justices uphold termination of mother’s parental rights after years of drug abuse
The Indiana Supreme Court Wednesday set aside the Court of Appeals order dismissing a Dearborn County mother’s appeal of the termination of her parental rights and took the case. The justices affirmed the decision to end her parental rights to her three children.
COA: Courts need to consider proportionality of damages in restitution orders
The Indiana Court of Appeals upheld a Franklin Circuit judge’s decision to require a defendant to pay restitution and a fine after he entered into an open plea agreement on a burglary charge. But the judges instructed trial courts to consider apportioning the amount of restitution among co-perpetrators in relation to each person’s contribution to the victim’s loss.
Stefaniak to become new Lake County juvenile court judge
Judge Thomas Stefaniak will take over the juvenile court in Lake County, ending a months-long dispute over the judgeship that involved the intervention of the Indiana Supreme Court.
Statement in tort claim does not prevent woman from trying to recover for injuries
Even though a woman originally stated she did not suffer any injuries after her vehicle was rear ended by a police car, the Indiana Supreme Court has ruled she can file a subsequent complaint against the municipality and the police department for personal injuries.
Appeals court tosses 3 of man’s 5 molestation convictions
A man convicted of five counts of molesting an 8-year-old girl on repeated occasions should only have been convicted of two counts, the Indiana Court of Appeals ruled Tuesday.
More than 300 lawyers suspended for CLE, fees, IOLTA violations
More than 300 attorneys have been suspended from the practice of law for failing to comply with continuing legal education requirements, failing to pay registration fees or failing to submit interest on lawyer trust account certifications.
Disciplinary Actions – 6/5/13
Read who’s been suspended recently by the Indiana Supreme Court.
Lawsuit claims Indiana’s high-risk insurance pool hoards cash
Health care providers who’ve been rejected by private malpractice writers turn to a state-run insurer that typically charges two to three times more for coverage. A class-action lawsuit claims the high-risk pool owes its policyholders a $31 million surplus.
Convenience store association says cold beer ban discriminatory
Along with the usual reasons including giving consumers more options, providing price competition and sparking new investment in the state, Indiana convenience store owners have added a new argument to their push to sell cold beer – it’s their constitutional right.
7th Circuit finds meth dealer was acting like a merchant, not a manager
Although an Indiana man determined how much and how often his buyers received methamphetamine as well as pressured them to sell, the 7th Circuit Court of Appeals concluded his sentence should not have been enhanced because his actions were not coercive.
Divided COA adds to difference of opinion on partial consecutive sentences
The Indiana Court of Appeals issued a 2-1 opinion Monday that further deepened an appellate divide on whether judges may impose partially consecutive sentences.