Articles

Justices accept 1 case, deny 9

The Indiana Supreme Court has agreed to hear a first impression case concerning whether a mortgagee on record had an enforceable right under the mortgage.

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7th Circuit rules on sentence reduction

The 7th Circuit Court of Appeals has ordered a man resentenced because the District judge erred by not granting the defendant the one-level reduction under the United States Sentencing Guidelines that was triggered by the government’s motion.

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Medical malpractice judgment upheld by appellate court

The Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion in excluding certain evidence.

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Judges affirm 90-year sentence for child molester

The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.

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5 political candidates file lawsuit

Three judicial candidates in Marion County and two candidates for the Indiana House are suing the county Board of Voter Registration and Election Board, alleging they were denied access to public information.

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Trial court erred in instructing jury in negligence case

A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.

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Evidence doesn’t support enhanced possession charges

Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.

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Bankruptcy Court creating mediator panel

The U.S. Bankruptcy Court in the Southern District of Indiana is developing a panel of attorneys who want to serve as mediators pursuant to Local Rule B-9012-2. The panel is intended to make alternative dispute resolution more available for cases where this type of mechanism will be appropriate.

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Andy Mohr target of Volvo Trucks lawsuit

When Volvo Group North America LLC sought to sell its semi trucks in the Indianapolis area, the company turned to veteran auto dealer Andy Mohr to help it gain a foothold in the market.

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Gene patent case back at Circuit court

Myriad Genetics, Inc. reported on March 26 that the United States Supreme Court remanded The Association for Molecular Pathology, et al., v. Myriad Genetics, Inc., et al., No. 11-725, to the Federal Circuit Court of Appeals. The Federal Circuit will now reconsider its July 29, 2011, decision, which upheld Myriad’s patents on two breast cancer genes – known collectively as BRCA 1/2

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