Updated instructions aim to prevent social media use during trial
Federal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
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Steak ’n Shake loses appeal over franchisee’s independent pricing
A longtime Steak ’n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s favor.
Judges disagree over use of summary judgment to pierce corporate veil
One Court of Appeals judge believed the “only reasonable inference” that could be drawn from the evidence in a collections case is that a former company was a “sham corporation,” so the trial court properly pierced the corporate veil on summary judgment.
7th Circuit rules trial attorneys not ineffective
The 7th Circuit Court of Appeals declined to find a defendant's trial attorneys' representation objectively deficient or ineffective pertaining to how they handled a man’s sentencing hearing.
Bunch freed after 16 years in prison
Kristine Bunch, the woman who claimed she was wrongfully convicted of killing her son in a fire in 1995, was released from prison following a bond hearing Wednesday in Decatur County. The Indiana Court of Appeals reversed her convictions and ordered a new trial on the murder charge.
Alternate juror’s comment doesn’t entitle man to new trial
A trial court properly determined an alternate juror’s alleged conduct posed only a remote risk of prejudice, and the judge’s admonishment of that juror was not an error, the Indiana Court of Appeals held.
Father’s confession shouldn’t have been admitted at trial
The Indiana Court of Appeals reversed a father’s conviction of child molesting related to his daughter, finding his confession, which was admitted into evidence at trial, was obtained in violation of Miranda protocol.
Court addresses use of epidemiological evidence in med mal cases
The Indiana Court of Appeals held that the trial court ruled correctly when it did not allow certain epidemiological evidence by a plaintiff’s expert witness in a medical malpractice lawsuit, but the court stopped short of saying this type of evidence could never be admitted in a medical malpractice case.
Indiana pleased with decision to vacate EPA Transport Rule
The split decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s Cross-State Air Pollution Rule because of federal law violations is “great news” for Indiana, Gov. Mitch Daniels said.
Pyle to join Court of Appeals Aug. 27
The Indiana Court of Appeals announced Tuesday that its newest judge, Rudolph Pyle III, will take the oath of office in a private ceremony Aug. 27.
State moves forward with IBM appeal
Attorneys for the state of Indiana have begun the formal appeal process after a Marion County court in July awarded a $52 million judgment to IBM over cancellation of the company’s contract to privatize social service claims processing.
Judge did not modify jury instructions
A Lawrence County man was unable to prove to the Court of Appeals that the trial court abused its discretion when it denied his motion for a mistrial. He argued the judge modified the jury instructions when he answered a question from the jury in mid-deliberations.
Justices take 1 case, deny 7
The Indiana Supreme Court took a post-conviction case Aug. 13 and sent it back to the Court of Appeals for consideration.
Pyle leaving Circuit Court Aug. 26
Madison Circuit Judge Rudolph Pyle III has told the Indiana Supreme Court he will resign from Circuit Court Aug. 26 to take his spot on the Indiana Court of Appeals. Gov. Mitch Daniels appointed Pyle an appellate judge Aug. 7.
DCS, criminal law study committees meet this week
The Department of Child Services Interim Study Committee will meet for the first time Wednesday afternoon to discuss various matters including funding and child in need of services cases.
Tax judge declines to require attorneys represent LLCs in court
The Indiana Department of State Revenue asked the Indiana Tax Court to create a rule requiring limited liability companies be represented by attorneys in court, similar to a rule pertaining to corporations, but Judge Martha Wentworth declined to “invent such a rule where one does not currently exist.”
Man had no constitutional right to counsel
The 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
Judges uphold insurers’ share of settlement liability
A District judge did not err in how he apportioned liability among three insurers for payment of a settlement between an injured worker and a contractor, the 7th Circuit Court of Appeals held Friday.
AT&T technicians file lawsuit over lunch policy
Eleven AT&T technicians have filed a federal lawsuit seeking class-action status to collect unpaid wages and overtime, alleging the company compels them to work during unpaid lunch breaks.
Federal Rules website revamped, accepting comment on rule changes
The United States Courts’ Judicial Conference Advisory Committee on Appellate, Bankruptcy, Criminal, and Evidence Rules announced Friday that it is seeking comment on several proposed changes to the Federal Rules of Practice and Procedure, as well as changes made to its website. Officials hope the revamped website will be more user-friendly.