Recognizing judicial family issues
The wife of Indiana Justice Brent Dickson was recently honored for her work in creating the Judicial Family Institute.
Courts
Articles
Chief justice completing his ‘dream job’
Randall T. Shepard will retire from the bench as country’s longest-serving state court leader.
Federal Circuit hears judges’ pay case
A federal appellate court heard arguments Friday in a case that could ultimately decide if Congress has the authority to withhold judicial pay increases as it’s done in the past or whether cost-of-living adjustments are required.
COA affirms arbitration opinion on rehearing
Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.
Appeals court sides with estate of contractor killed on the job
The Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained a fatal injury.
Justices grant transfer in 1 civil case
The Indiana Supreme Court has accepted a case asking whether a construction subcontractor on a public school project can be held liable for attorney fees under the state’s public records access laws applying to public agencies.
Job opening: Indiana Supreme Court justice
Lawyers interested in becoming the next justice on the Indiana Supreme Court have until Jan. 27 to apply for the opening created by Chief Justice Randall T. Shepard’s upcoming retirement.
Judge: Governor can be deposed
Indiana Gov. Mitch Daniels shouldn’t be excused from appearing for a deposition in a lawsuit challenging the cancelled multi-million dollar contract with IBM to modernize the state’s welfare system, according to Marion Superior Judge David Dreyer.
In first impression ruling, COA reverses trial court on illegal search
The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.
Justices rule man not disenfranchised under the Infamous Crimes Clause
The Indiana Supreme Court hesitantly answered Thursday a certified question from the federal court as to whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution.
IJA honors colleague and journalist
An Allen Superior judge and a Louisville journalist received the Community Relations Committee awards this year from the Indiana Judges Association.
7th Circuit affirms dismissal of plaintiffs
Before the 7th Circuit Court of Appeals could rule on the dismissal of multiple plaintiffs from a civil rights and breach of contract lawsuit, the appellate court had to determine if it had jurisdiction to rule on the plaintiffs’ appeal.
Grand jury indicts 2 attorneys, real estate broker
A grand jury in South Bend has returned a 14-count criminal indictment against two attorneys and a real estate broker from central Indiana over a state lease deal in Elkhart.
Woman loses appeal for overtime pay
A sewing manager who sued her former employer to obtain overtime pay for work she did before her shift started lost her appeal because the employer didn’t know that she was working prior to her shift, the 7th Circuit Court of Appeals ruled Wednesday.
Evidence properly admitted under independent source doctrine
The 7th Circuit Court of Appeals found no plain error in a District Court’s decision to admit evidence of a telephone number on a defendant’s cell phone in 2007 at the man’s trial several years later.
Judges reverse termination of parents’ rights
In a case filled with several errors and discrepancies, the Indiana Court of Appeals has reversed the termination of parental rights of a mother and two fathers because the Department of Child Services failed to meet the burden of proving that termination is in the best interest of the children.
New St. Joe magistrate judge to begin duties Jan. 2
Elizabeth C. Hurley has been selected as the newest magistrate judge in St. Joseph Circuit Court. She replaces Magistrate Judge David T. Ready, who is retiring from the bench.
Judge won’t allow auto-dialer statute enforcement during appeal
Balancing free speech rights with the public interest in preventing automated political calls from out-of-state entities, U.S. Judge William Lawrence in Indianapolis denied the state’s request to continue enforcing Indiana’s auto-dialer statute while a higher court is considering his ruling from two months ago that blocked enforcement.
Justices: emotional distress actions not barred
The Indiana Supreme Court held Tuesday that separate actions by parents seeking damages for emotional distress from experiencing the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act.
COA rules on right of first refusal issue
The Indiana Court of Appeals concluded that the right of first refusal set forth in a purchase agreement of land between neighbors could only be exercised between the two neighbors and didn’t apply to the sale of land by an estate.