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.
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.
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
The Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana Evidence Rule.
A Marion Superior judge has tossed a lawsuit against 78 county prosecutors being accused of breaking the law by not turning over seized assets from criminals to a school construction fund. In doing so, the judge expressed concern about the lack of reasoning and consistency demonstrated by prosecutors throughout the state.
At least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision that held a “deliberative process” privilege exists in Indiana.
Randy Steidl, who was nearly executed for a crime he didn't commit and went on to become the public face of the abolition of the death penalty in Illinois, will tell his story during visits to Indiana University campuses in Bloomington and Indianapolis.
The 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic pathology company’s contract may have been based on race.
A federal judge in Indianapolis has upheld the death sentence of a condemned man who killed his wife and two young children in Evansville a decade ago.
The Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
The 7th Circuit Court of Appeals has found an Indiana federal court should not have allowed evidence of a defendant’s prior drug convictions under Federal Rule of Evidence 404(b). As a result of the violation, the judges reversed the man’s drug conviction and ordered a new trial.
A Lake Superior judge may not be breaking any new legal ground with an election-related ruling this week, but he’s set the stage for an appeal that could clear up confusion about whether nonpartisan school board members must give up their right to run for a public office that requires the candidate to declare their political party affiliation.
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on several proposed changes to local rules, and the addition of a new local rule.
The Indiana Court of Appeals will be in Evansville April 4 to hear an appeal regarding methamphetamine convictions.
A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.
The 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.
Fair Finance Co.’s bankruptcy trustee has reached a $371,000 settlement with Stephen Plopper, an Indianapolis attorney accused of defaulting on a 2003 loan from the Tim Durham-owned business.
The Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s of great public importance and should be decided on the merits.
The Indiana Court of Appeals has reversed a trial judge on a land use dispute between two sets of neighbors, finding that the clear meanings of “ingress" and "egress” do not include parking as two of the Porter County residents had argued based on past caselaw.
The Supreme Court of the United States is being asked to consider an Indiana case about a convicted murderer’s claim that he was improperly restrained with a stun belt during his trial and that led to a wrongful conviction.