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.
Courts
Articles
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.
Trial court has no authority to alter man’s conviction
An Elkhart Superior judge was correct in determining that he couldn’t reduce a man’s Class D felony conviction to a Class A misdemeanor a year after the original judgment was made, the Indiana Court of Appeals ruled.
7th Circuit rules in favor of attorneys in failed business investment
A group of investors suing attorneys who worked on the establishment of two business entities – which later failed – were unable to show the 7th Circuit Court of Appeals that the attorneys owed the investors any legal duty.
JNC’s justice candidate evaluation letter sent to governor
The Indiana Judicial Nominating Commission sent its letter to Gov. Mitch Daniels Wednesday explaining the qualifications of justice finalists Hamilton Superior Judge Steven Nation, Tippecanoe Superior Judge Loretta Rush, and Taft Stettinius & Hollister LLP partner Geoffrey Slaughter.
State fair settlement fails
Mid-America Sound Corp., one of two companies that offered an additional $7.2 million to victims of the Indiana State Fair stage collapse, announced it will not proceed with its offer after deciding not enough claimants accepted the settlement arrangement.
LSC says funding cuts will reduce staff, close offices
The Legal Services Corporation offices around the country will have to lay off staff – including 350 attorneys – due to funding cuts, according to a survey released Wednesday by the legal aid program.
Couple’s trial strategy worked against them
A couple who consented to an entry of judgment on the evidence against them in a negligence claim in order to appeal the evidentiary rulings lost their case in the Indiana Court of Appeals.
Inmate’s public records request denied
An inmate at the Pendleton Correctional Facility was unable to identify with reasonable particularity the records he sought from the Fort Wayne Police Department, the Indiana Court of Appeals concluded Wednesday. The case also allowed the judges for the first time to address “reasonable particularity” under the Access to Public Records Act.
Judges order proceedings on guarantors’ liability
The Indiana Court of Appeals affirmed in part and reversed in part a dispute between a company and its mortgage holder regarding how money received from the city of Lawrenceburg as part of a settlement should be applied to the mortgage.
Conour now accused of taking $4.5M from clients
Special U.S. Attorney Richard Cox filed an information in federal court Tuesday which accuses William Conour of stealing more than $4.5 million from 25 clients.
Man did not validly waive right to jury trial
The Indiana Court of Appeals reversed a Vanderburgh County man’s misdemeanor convictions of battery and public intoxication, finding he did not waive his right to a jury trial.
Nurses may be expert witnesses in some standard of care disputes
The Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged breach caused an injury.
Immigration law challenge moves forward in Northern District
U.S. Magistrate Judge Andrew P. Rodovich in Hammond Tuesday granted the state’s unopposed motion to lift the stay of a lawsuit in the Northern District challenging portions of Indiana’s immigration law dealing with employment.
Allen Superior Judge John Surbeck receives national judicial award
Allen Superior Judge John F. Surbeck Jr. received the 2012 William H. Rehnquist Award for Judicial Excellence from the National Center for State Courts, the nonprofit organization announced Tuesday. The award is presented annually to a state court judge who exemplifies the highest level of judicial excellence, integrity, fairness, and professional ethics.
JQC files charge against St. Joseph Judge Peter Nemeth
St. Joseph Probate Judge Peter Nemeth’s comments in denying an interpreter for an 18-year-old deaf person who was the subject of a guardianship proceeding have resulted in disciplinary charges filed by the Indiana Judicial Qualifications Commission.