Building named in honor of retiring judge
Taking the bench on Jan. 1, 1975, Montgomery Circuit Judge Thomas K. Milligan is the second-longest serving trial judge in the state.
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Court hits on 2 first impression issues about prejudgment interest
The Indiana Court of Appeals has reversed a trial judge decision against awarding a litigant prejudgment interest in an uninsured motorist case, examining two issues of first impression and finding that state statute warrants the litigant receive that money even when it exceeds insurance policy limits for those types of claims.
Court clarifies, reaffirms its prior back pay ruling
The Indiana Court of Appeals denied an Attorney General’s request to clarify a previous ruling that slashed a $42.4 million damages award, and clarified the two-month period from which state employees can recover back pay.
Justices reaffirm uniform-contract interpreation approach
The Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation insurance coverage case.
COA offers suggestion about judicial notice rule
A paternity and child custody case has given the Indiana Court of Appeals a chance to examine a newly amended evidence rule for the first time, while simultaneously offering guidance to trial judges about using publicly accessible information to dispose of cases.
Court rules on farm tractor operation case
Farm tractor drivers can’t be charged with driving with a suspended license, but they can be charged with operating a vehicle while intoxicated, according to the Indiana Court of Appeals.
Governor names two new trial judges
Gov. Mitch Daniels has chosen two new judges for the state’s trial bench roster, one of those to succeed the jurist elevated earlier this year to the Indiana Supreme Court.
COA: Trial judges can’t expand timetable on filing appeal notice
State trial judges do not have the power to expand the appeal filing timetable outlined by Appellate Rule 9, the Indiana Court of Appeals cautioned today.
COA: Trust not bound by ISTA employment arbitration clause
The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.
Panel criticizes late discovery introduction
While recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules still protect a person’s right to a fair trial.
Justices accept one criminal case
The Indiana Supreme Court has taken an Elkhart County appeal challenging three felony child molesting convictions and an 80-year aggregate sentence.
Justice wants attorney suspended longer
The Indiana Supreme Court couldn’t agree on the appropriate sanction for an attorney who engaged in an improper ex parte communication with a judge, leaving one judge to argue for at least a 90-day suspension.
Lawyers suspended for not complying with CLE requirements
The Indiana Supreme Court has suspended 12 attorneys for remaining delinquent regarding compliance with certain continuing legal education requirements for the period ending Dec. 31, 2009.
Court rules on artificial insemination issues
A divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two children conceived by artificial insemination.
Justices sharply split on insanity defense case
Faults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.
New Tax Court judge ‘honored and humbled’ by appointment
A longtime lawyer and tax specialist received an early Christmas gift this week, learning that she’ll be the state’s newest Tax Court judge and the first woman to hold a seat on that bench.
Governor names new Tax Court judge
Gov. Mitch Daniels has chosen attorney Martha Wentworth as the state’s second-ever judge on the Indiana Tax Court.
Justices order refunds in estate planning UPL case
The Indiana Supreme Court is shaking its proverbial finger at a company it found had engaged in the unauthorized practice of law, making it clear that the court’s orders must be followed or non-compliant litigants will be sanctioned.
Circuit Court reverses insurance case
The 7th Circuit Court of Appeals reversed summary judgment for an insurer on the issue of whether the commercial general policy covered faulty subcontractor work, citing a similar case recently ruled on by the Indiana Supreme Court. The Circuit Court also dealt with an issue surrounding umbrella policies for the first time.
Tax judge denies state’s motion to dismiss
The Indiana Tax Court has denied the state’s motion to dismiss a mother and daughter’s challenge to the jeopardy tax assessments made against them after the state found they didn’t pay taxes on their sales of puppies.