Courts - The Indiana Lawyer

Workers’ comp cases question line between employer liability and employee responsibility

August 2, 2011

In June, the Superior Court of New Jersey, Appellate Division, affirmed the finding of a workers’ compensation judge who ruled that a man whose wife died of a pulmonary embolism while working from home was entitled to workers’ compensation survivor benefits. In Renner v. AT&T, No. A-2393-10T3, a doctor admitted that other factors – including obesity – may have been risk factors for developing the fatal blood clot.

Lawmakers may consider sentencing options for children waived to adult court

August 2, 2011

Within a six-month period, one Indiana county prosecutor faced two situations where he had to make one of the toughest types of decisions – whether a child should be tried in juvenile or adult court based on the brutality of a crime and age of the offender.

Registration goes online

August 2, 2011

Entering the 21st century is no longer optional for Indiana lawyers. When it comes to attorney registration, paper forms are history to make way for a new web portal.

South Bend attorney pleads guilty to fraud charges

August 1, 2011

A northern Indiana attorney accused of aiding and abetting mail and wire fraud has pleaded guilty to all 13 counts listed in an information filed Monday.

7th Circuit judge grants prisoner’s request for certificate of appealability

August 1, 2011

An Indiana prisoner’s request for a certificate of appealability has been granted by a 7th Circuit judge who found the man’s application set forth a substantial showing of the denial of a constitutional right.

Attorney registration fees rise, registration goes online

July 29, 2011

Every Indiana attorney’s annual registration fees are going up $15 this year, just as everyone must begin using a new online portal to register and pay their fees by Oct. 1.

Man entitled to damages following excavation of home without notice

July 29, 2011

In reviewing a case in which an attorney appointed guardian of an adult male unilaterally decided to tear down his home without providing notice to the man, the Indiana Court of Appeals found the attorney violated the man’s due process rights and damages were necessary.

Court reverses suspension of mother’s parenting time

July 29, 2011

The Indiana Court of Appeals reversed the modification of a mother’s parenting time to end any visitation with her autistic son because the father didn’t present evidence justifying terminating the parenting time.

‘Notario’ pleads guilty to tax evasion, illegal law practice

July 28, 2011

A Marion Superior judge has sentenced an Indianapolis woman who offered illegal immigration services without a law license and evaded paying her income taxes through that business.

COA rules on man’s theft conviction for third time

July 28, 2011

Following an order from the Indiana Supreme Court that the lower appellate court more fully address the Proportionality Clause of the Indiana Constitution, the Indiana Court of Appeals has again upheld a man’s felony theft conviction.

Hospital doesn’t owe attorney any contingency fees

July 27, 2011

A Kokomo attorney is not entitled to collect his contingency fees from a hospital in his representation of a patient caught in an insurance dispute, the Indiana Court of Appeals has held.

No summary judgment on issue of whether complaint was timely filed

July 27, 2011

The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a medical malpractice action, finding there are questions around whether the plaintiff timely filed the proposed complaint.

Judges ask family to end litigation over parents’ interments

July 26, 2011

In a dispute among divided siblings on where their deceased parents should be buried, the Indiana Court of Appeals asked the family to end the litigation and let the parents “rest in peace.”

COA split on whether scooter is ‘motor vehicle’

July 26, 2011

The Indiana Court of Appeals was divided in a case involving a man who was convicted of driving a motor vehicle while his privileges were suspended, with one judge agreeing with the state that the defendant’s scooter qualified as a motor vehicle under statute.

Justices accept 5 cases

July 25, 2011

The Indiana Supreme Court has granted transfer to five cases, including a first impression issue dealing with Social Security income and restitution.

Longtime Kosciusko County judge dies

July 22, 2011

A former judge in Kosciusko County died Wednesday. Hon. C. Robert “Bob” Burner was 81.

Circuit Court affirms admission of drugs, sentence

July 22, 2011

The 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t a crime of violence, citing a recent decision by the United States Supreme Court on that matter.

Judge approves proposed settlement agreement

July 22, 2011

A federal judge has approved a proposed settlement agreement in a class-action lawsuit against the Indiana Family and Social Services Administration alleging that an agency policy that doesn’t allow certain Medicaid waiver enrollees to apply for services other than what’s been approved by their case manager is in violation of federal Medicaid law.

Former appellate court judge dies

July 21, 2011

The Hon. Robert H. Staton, who was an Indiana appeals court judge for nearly 30 years, died July 18. He was 86.

7th Circuit finds remand to be unreviewable

July 21, 2011

The 7th Circuit Court of Appeals looked at the issues of removal and remand in the context of bankruptcy in a case July 21 and found the bankruptcy court’s decision to remand a case to state court is unreviewable.

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