Court erred by correcting error after appeal began
An Indiana trial court erred in a case over unpaid elevator repair bills by granting the plaintiffs’ motion to correct error after the case already had gone up to the Indiana Court of Appeals.
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Rear-ended driver wins new damages trial after errant jury instruction
A driver who a jury awarded just $10,000 on her personal injury claims after an intoxicated driver struck her car from behind won a new trial on damages Friday. The Indiana Court of Appeals found an erroneous jury instruction may have led to a verdict that was less than the driver had been offered to settle the case.
Holcomb signs bill eliminating expungement wait time issue
Gov. Eric Holcomb on Wednesday signed into law a measure eliminating confusion in the courts and establishing that the waiting period to obtain an expungement begins on the date a felony conviction is entered and does not start anew if that conviction is later reduced to a misdemeanor.
Supreme Court hears arguments in stoplight crash suit against IPL
Indiana Supreme Court justices heard oral argument Thursday on the question of whether a utility may face liability for people injured in a traffic crash in which a malfunctioning stoplight played a role.
7th Circuit affirms stay of DePuy medical device distribution litigation
A dispute over a medical device maker’s distribution contracts in Southern California was properly stayed in an Indiana federal court after parallel claims were brought here, the 7th Circuit Court of Appeals ruled Wednesday.
Some Indiana Supreme Court, COA oral arguments canceled
Several oral arguments scheduled to be heard by both the Indiana Supreme Court and the Indiana Court of Appeals have been canceled as of Wednesday.
COA: Motion to suppress should be granted because officers lacked probable cause
A visitor who was present during a home detention check that resulted in the discovery of illegal drugs and ended with him in handcuffs secured a reversal from the Indiana Court of Appeals on Wednesday. The court found officers lacked probable cause to search the man and reversed his denied motion to suppress.
Reversal: Fired lawyer cannot seek attorney fees ‘separate and apart’ from client
A Crown Point attorney who was fired by her client in a long-running juvenile paternity case had no right to then intervene in the case to seek an award of attorney fees from the opposing party, the Indiana Court of Appeals ruled Wednesday, reversing the trial court.
US Courts report drop in appellate filings, increase in immigration defendants
Prosecutions against immigrant defendants and cases involving diversity of citizenship saw higher numbers last year, according to the United States Courts’ Annual Report and Court Statistics for 2019. Meanwhile, appellate filings dropped nationwide.
Federal Bar Update: By the (hand)book: Jurisdiction, jurisdiction, jurisdiction
Federal courts are limited jurisdiction tribunals. As such, the federal judiciary carefully guards subject-matter jurisdiction, ensuring at multiple stages of a case, and in the trial court and on appeal, that the case is properly in federal court. Examples of jurisdictional issues abound in federal district courts and are scrutinized in the 7th Circuit, as well.
Indiana must recognize both spouses in female same-sex marriages as parents
A federal court issued an order Tuesday requiring Indiana to include non-birth mothers’ names on their children’s birth certificates, marking a milestone in a long legal battle.
Conviction affirmed for intoxicated woman found in parked, running vehicle
The Indiana Court of Appeals has affirmed the conviction of a woman who was found intoxicated in her running but parked vehicle, finding sufficient evidence to support that she was operating the vehicle at the time law enforcement found her.
Justices to hear arguments in stoplight outage crash suit against IPL
Oral arguments in a negligence case brought by a family severely injured in a crash in a traffic intersection after a 2016 storm will be heard by Indiana Supreme Court justices this week. Per an order issued Monday, attendance at the argument will be limited to parties and counsel, but the argument may be viewed online.
Pagano appointed judge pro tem in Lake Superior Court
Lake Superior Court Judge Clarence Murray will temporarily step down from his seat on the bench after informing the court that he would be unable to perform the duties of his office due to health reasons.
Adams County drug court judge abused office, discipline charges say
A northeastern Indiana judge who intervened on behalf of an employee of his drug court in a dispute with other county officials over her benefits committed judicial misconduct, an agency of the Indiana Supreme Court alleged Friday.
$1.8M restitution order vacated in car dealership fraud
The 7th Circuit Court of Appeals has reversed and remanded for the recalculation of restitution to be paid by a man involved in fraudulent activities at an Indianapolis car dealership.
COA: Staffing firm must pay attorney fees in breach of contract dispute
A recruiting and staffing firm did not convince the Indiana Court of Appeals on Friday that it should not have to pay attorneys fees requested by a former contractor in a breach of contract dispute.
Supreme Court petitioned on police officers’ legal immunity
James King had no idea that the men who grabbed him and took his wallet were plainclothes officers looking for a fugitive. King’s case is one of several taken up by the Arlington-based Institute for Justice in an effort to get the U.S. Supreme Court to reconsider the “qualified immunity” doctrine, which frequently shields police officers and other government agents from lawsuits when they are accused of violating a person’s constitutional rights.
CASAs share experiences, hopes for Hoosier kids at 30th anniversary celebration
Compassion. Persistence. Patience. These are shared qualities that Indiana’s court appointed special advocates have when working with thousands of Hoosier kids in the child welfare system each year. Indiana Lawyer spoke with a few of those advocates about their personal experiences as CASAs following a 30th anniversary celebration of the Indiana Office of GAL/CASA on March 4.
DNA under victim’s nails leads to arrest in 2000 Indianapolis killing
A northern Indiana man has been charged in the 2000 killing of a man found dead in an Indianapolis hotel room after his DNA matched DNA found beneath the victim’s fingernails, prosecutors said.