Hospital doesn’t owe attorney any contingency fees
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.
Courts
Articles
No summary judgment on issue of whether complaint was timely filed
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
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’
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
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
A former judge in Kosciusko County died Wednesday. Hon. C. Robert “Bob” Burner was 81.
Circuit Court affirms admission of drugs, sentence
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
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
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
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.
Justices reduce sentence of man found asleep in office
Four of the five Indiana Supreme Court justices decided that the man found asleep in the waiting room of a dental office – who had an empty handgun on him – should only be sentenced to 20 years for the crime instead of 40 years.
Indiana man takes lawyer-admission case to 7th Circuit
A Fort Wayne man who claims he’s being prevented from becoming an Indiana attorney because of his religious beliefs is asking the 7th Circuit Court of Appeals to decide whether a lower federal court properly dismissed his case.
Trial court shouldn’t have struck expert witness affidavit
The Indiana Court of Appeals reversed summary judgment for a doctor in his attempt to collect an unpaid medical bill, finding the trial court erred when it struck the affidavit of an expert witness designated by the defendant.
COA rules man is not guilty by reason of insanity
Examining the issue of whether a defendant’s mental disease brought on by years of drinking could support an insanity defense, the Indiana Court of Appeals concluded the man’s psychosis was a mental defect under Indiana Code and he should have been found not guilty by reason of insanity.
Appellate judges rule on court warrant officer’s claim
The Indiana Court of Appeals ruled an Anderson City Court judge didn’t wrongly reassign a police warrant officer from his courtroom because the two didn’t share an employee-employer relationship that would allow for a suit under the Indiana Wage Claim Statute.
Golf course manager suing DuPont over herbicide
An Indianapolis-based golf course manager is leading a national class-action lawsuit charging that a herbicide manufactured by DuPont is killing trees and other vegetation.
Circuit Court upholds ban on pen-pal solicitation by inmates
The First Amendment rights of Indiana inmates aren’t being violated by a ban instituted by the Department of Correction on advertising for pen-pals and receiving materials from resources that allow people to advertise for pen-pals, the 7th Circuit Court of Appeals held Tuesday.
New program to study mediation in custody disputes
A joint project between the University of Notre Dame Law School’s legal aid clinic and the College of Arts and Letters’ Center for Children and Families will examine the effectiveness of mediation in child custody disputes – specifically the success of educational programs required by the courts and whether the type of mediation used makes a difference.
Wrongful conviction arguments heard
The Indiana Court of Appeals heard arguments July 13 in the post-conviction relief case of a woman convicted of intentionally setting a fire that killed her young son, leading to what she says was a wrongful conviction and imprisonment 15 years ago.
SCOTUS asked to hear stun-belt case
When the Supreme Court of the United States returns for its new term beginning in October, Indiana will likely learn whether the high court will hear a case relating to a stun-belt restraint used here during a convicted murder’s trial.