COA: Attorney entitled to lien on former client’s file
An attorney doesn’t have to produce documentation of the amount of money a former client owes in order to have a valid retaining lien, ruled the Indiana Court of Appeals.
Courts
Articles
Judges affirm retroactive application of amendments to blood draw statute
Applying 2010 statutory amendments governing chemical tests for evidence of intoxication to a case of a man charged in 2009 with driving while intoxicated didn’t violate the prohibitions against ex post facto criminal sanctions, the Indiana Court of Appeals held Wednesday.
Judges to hear sex-offender registration appeal in Franklin
A panel of judges from the Indiana Court of Appeals travels to Franklin Friday to hear arguments in the interlocutory appeal of a man who’s charged with not registering as a sex offender.
Judges disagree on whether landowners are ‘aggrieved’
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
Court addresses forgery statute on electronic credit card purchases
Using someone else’s credit card and electronically signing that person’s name is considered “uttering” a written instrument under Indiana’s forgery statute, the state’s appellate court has ruled.
Group to assess Indiana’s civic engagement
Indiana Supreme Court Chief Justice Randall T. Shepard and former Congressman Lee Hamilton are teaming up with the Indiana Bar Foundation and the National Conference on Citizenship to commission the analysis of civic engagement in Indiana.
Kimbrough Bar Association to honor state’s African-American judges
The James C. Kimbrough Bar Association will salute Indiana’s African-American members of the judiciary on April 21.
Indiana courts take backseat on camera study
As yet another study concerning cameras in the courtroom is about to begin, Indiana doesn’t appear to be anywhere closer to allowing cameras in its state or federal trial-level courtrooms.
Comment time extended on state court rules
The Hoosier legal community has more time to offer comment on a multitude of state court rules that are being examined for potential revision.
Screening panel named in Public Defender search
The Indiana Supreme Court has named a five-person panel to lead the search for a new state public defender.
Company hit with class action suits
Two class action lawsuits have been filed against an Indianapolis firm that had offered estate planning services to people. Now, the Indiana Supreme Court is considering what happens next against the company it found a year ago had engaged in the unauthorized practice of law.
Bankruptcy doesn’t eliminate judgment
The Indiana attorney general’s office doesn’t think the former East Chicago mayor hit with a $108 million racketeering judgment stemming from public corruption should be able to avoid paying back that amount by declaring bankruptcy.
New advertising rules irk some lawyers
Bloomington attorney Ken Nunn says he hasn’t been hurt by new attorney advertising rules put in place at the start of the year, but he’s hearing more disturbing stories from people who are feeling the effects.
Lawmakers resume debate on issues impacting state courts
Both federal and state lawmakers seem to be letting the clock tick down to the final seconds.
State responsible for costs in relocating Medicaid patients
Indiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana Court of Appeals ruled Monday.
Justices accept 4 cases
The Indiana Supreme Court has taken four cases, including one that deals with an insurance dispute over cleanup costs.
Pilot project uses secure network for foreclosure settlement agreements
The Indiana Supreme Court announced Monday a new program that allows parties in mortgage foreclosure settlement cases to exchange financial documents over a secure online network.
Government shutdown would have little impact on federal legal system
Even if the U.S. Congress fails to pass a short-term budget measure and prevent a government shutdown before midnight Friday, the various arms of the Indiana federal legal community will remain operating mostly as usual – at least for the time being.
COA: personal injury action should be allowed to proceed
The Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.
Judges divided on calculation of damages after negligence
The Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because the deceased man had at least a 50 percent chance of survival before the medical negligence.