Justices divided on proper sanction for attorney actions
The majority of Indiana Supreme Court justices found the trial court was within its discretion to dismiss a personal injury action because of the plaintiff’s attorney’s actions.
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Justices reverse determinate commitment
In a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.
COA clarifies ruling in negligent hiring lawsuit
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
Court splits over motion for discharge ruling
An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.
SCOTUS won’t consider off-campus school speech
The nation’s highest court has declined to take a pair of cases asking whether schools can censor the off-campus behavior of students who post messages or photos against school officials or other students.
7th Circuit upholds Indiana law on wine shipping
The 7th Circuit Court of Appeals has upheld an Indiana statute that prevents alcohol retailers from shipping their products to consumers by using a motor carrier such as UPS, and the state has the authority to regulate those shipments through the 21st Amendment.
Order requires United Financial to pay court costs
The Indiana Supreme Court has ordered United Financial Systems Corp. and its officials to pay the court and a special master $16,003 for the costs associated with an Unauthorized Practice of Law action that has been ongoing for more than three years.
Indiana court decisions Jan. 1 to 11, 2012
Read summaries of the For Publications from the Indiana appellate courts and the 7th Circuit Court of Appeals.
Legislation inspired by Barnes ruling passes Senate committee
A Senate committee voted unanimously to pass a bill that would allow a person to resist the unlawful entry into a dwelling by a law enforcement officer under certain conditions.
Judge dismisses final MDL case
The final lawsuit in a multi-district litigation case involving Employee Retirement Income Security Act (ERISA) claims against Indiana-based Zimmer Holdings has been resolved, with U.S. Judge Sarah Evans Barker in the Southern District of Indiana dismissing with prejudice the suit against the company on Dec. 23.
Bankruptcy filings down in 2011
Attorneys says the drop in mortgage foreclosures and sales impacted filings.
Collaborative divorce offers closure for clients, demands less attorney time
Attorneys say collaborative divorce works for clients who hope to avoid the courtroom.
Prisons face legal questions in managing inmate requests
The institutions must balance religion of inmates and security of prisons.
Indiana chief justice delivers final address
Shepard says state courts are no longer ‘Lone Rangers.’
Darden winds down his appellate career
The Indiana Court of Appeals judge will retire in July when he turns 75.
Registration open for Allen County Bench/Bar Conference
The Allen County Bar Association will host its Bench/Bar Conference from 8:30 a.m. to 4:30 p.m. Feb. 3 at Grand Wayne Center, 120 W. Jefferson Blvd., Fort Wayne.
Deputy prosecutor receives public reprimand
A Hancock County deputy prosecutor has received a public reprimand from the Indiana Supreme Court for surrendering prosecutorial discretion and allowing a corporate check fraud victim to
dictate the terms of restitution as a pre-condition to a plea agreement.
COA: trial courts can limit administrative review
State law allows a trial court to decline to hold a jury trial and limit its review of a local municipality’s administrative decision, according to the Indiana Court of Appeals.
7th Circuit affirms deputy sheriff’s firing
The 7th Circuit Court of Appeals has determined the Warrick County Sheriff’s Department didn’t break the law when it fired a probationary deputy sheriff based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job.