Rush robing completes Supreme Court transition
Justice Loretta Rush formally was robed the 108th justice of the Indiana Supreme Court on Friday, the third member of the five-member court appointed by Gov. Mitch Daniels.
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Public interest in reducing poverty is grounds for application of doctrine of laches
In overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges conflicts with the public’s interest in reducing poverty.
Testy divorce remanded for recalculation
A divorce order that satisfied neither party was sent back to the trial court for recalculation of several provisions.
Man argues the sentencing guidelines were applied incorrectly
A Wisconsin man who used a stolen Indiana driver’s license to obtain a passport had his sentence affirmed by the 7th Circuit Court of Appeals which held certain provisions in the sentencing guidelines should be applied differently depending on the circumstances.
Supreme Court denies 17 cases for transfer
Last week, the Indiana Supreme Court only took one case on transfer, which it ruled on Dec. 19. The justices declined to take 17 other cases.
COA affirms ruling in suit brought after fatal train accident
The trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred in 2009, the Indiana Court of Appeals affirmed Thursday.
Appeals court reinstates injured motorist’s claim against insurer
A driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court of Appeals on Thursday.
Price of postage is not enough for 7th Circuit to review NLRB’s ruling
The cost of a postage stamp was not enough for Beck objectors to request a refund from their unions, the 7th Circuit Court of Appeals has ruled.
Appeals court upholds Medicaid fraud charges
A woman charged with defrauding Indiana’s Medicaid program of nearly $350,000 lost the appeal of her partial motion to dismiss the charges.
Sensient settles over use of ‘popcorn lung’ chemical
Sensient Flavors LLC will pay a smaller fine in exchange for agreeing to reduce the amount of a chemical it uses at its Indianapolis plant, as part of a settlement it has reached with state regulators.
Snow forces court, office closures
Many people in Indiana may be enjoying an extra-long Christmas vacation thanks to blizzard-like conditions in parts of the state. Heavy snow and high winds have led to closures, including Indiana’s appellate courts.
Comments being accepted on bankruptcy local rules
The judges of the U.S. Bankruptcy Court for the Southern District of Indiana are considering amendments to two local rules: B-4001-3 and B-4008-1.
Man’s child molesting conviction upheld
The Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
COA upholds cocaine convictions, sentence
The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.
Judges affirm criminal recklessness conviction
Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.
3 charged in Indianapolis home explosion
Marion County Prosecutor Terry Curry announced Friday that three people have been arrested in connection with a home explosion in an Indianapolis suburb that killed two people last month and damaged dozens of homes.
Supreme Court denies Star appeal in online commenter case
The Indiana Supreme Court on Thursday denied transfer in The Indianapolis Star’s appeal of an order that it identify a person who posted an anonymous online comment that has been included in a defamation suit.
Judge rules law doesn’t require schools to bus students
A Marion County judge ruled in favor of Franklin Township Community School Corp. on a lawsuit filed by parents after the school contracted its bus transportation services to an outside organization that charged students to ride.
Court orders new trial on damages owed to wrongfully convicted man
Finding a District judge improperly limited critical evidence relating to an Elkart man’s innocence during his trial for damages following his wrongful conviction, the 7th Circuit Court of Appeals ordered a new damages trial be held.
7th Circuit rules in favor of hospital in EMTALA violation suit
The 7th Circuit Court of Appeals found that the 2003 definition of when a person is to have “come to the emergency room” is a clarification of the rule in effect in 2001 and that a woman who filed a lawsuit under the Emergency Medical Treatment and Active Labor Act did not come to the Wishard Hospital emergency department under that act.