Mentally ill prisoners suit dismissal denied
A federal judge has denied the Indiana Department of Correction's motion to dismiss a suit brought last year that challenges the DOC's practices and programs regarding mentally ill patients.
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Court tackles scope of ‘frivolous’
The Indiana Court of Appeals today used an inmate's appeal of the dismissal of his complaint to address the scope of the word "frivolous" in Indiana's Frivolous Claim Law. And even though this inmate has filed dozens of law suits since being incarcerated, it doesn't mean his suits can be automatically deemed frivolous by the trial courts.
Outside accounting ordered in LLC dissolution
The Indiana Court of Appeals reversed a judgment in favor of one of the owners of a dissolved LLC, finding the trial court erred when it entered judgment against the other owner personally without ordering an outside accounting of the company's finances.
COA disagrees on damages to bidder
Indiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for work at a state-run hospital based on fraudulent information from another bidder.
Counties seeking comment on rule changes
Two central Indiana counties are seeking public comment on proposed local rule changes.
Justices dismiss public school funding case
Even if Indiana's public school system falls short of where it should be in providing quality education, courts aren't constitutionally able to set standards or establish a financing formula because that's a task falling solely to the General Assembly.
High court grants transfer Thursday
The Indiana Supreme Court granted transfer Thursday to a case questioning whether the Indiana Department of Transportation is liable for the death of an employee of an independent contractor working on a highway project.
Transfer granted to judicial review case
The Indiana Supreme Court granted transfer May 14 to a case involving the means for judicial review of final agency actions.
Governor: merit-selection ‘is not broken’
Gov. Mitch Daniels has vetoed legislation that would have ended merit-selection of St. Joseph Superior judges and instead made them run for office in non-partisan elections and create a new three-judge panel for the Indiana Court of Appeals. On the deadline for action on House Enrolled Act 1491, the governor late this afternoon used his veto power for the third time this session and rejected it. The legislation would have called for non-partisan elections to choose the county’s eight Superior judges…
Man loses gender discrimination appeal
A federal appellate panel has upheld a U.S. District judge's decision against a man who alleged he's the victim of gender discrimination for being fired from St. Francis Hospital on claims he accessed inappropriate Web sites while at work.
Professor testifies about impeachment of judge
Indiana University Maurer School of Law professor Charles G. Geyh appeared before the U.S. House of Representative's Committee on the Judiciary Tuesday as a witness in its hearing on the possible impeachment of U.S. District Judge Thomas G. Porteous of New Orleans.
County not dismissed in fired court clerks suits
Clark County lost in its efforts to be dismissed from suits filed by two fired Clark Circuit Court employees. Chief Judge David F. Hamilton in the U.S. District Court, Southern District of Indiana, ordered the county to file answers to the complaints no later than Sept. 6.
COA reiterates confidential-information filing
The Indiana Court of Appeals emphasized in an opinion today the proper procedure for filing documents with confidential information, instigated by the fact the appellant's original appendix included a pre-sentence report on white paper and included a Social Security number.
Law students complete diversity program
A program implemented by the state to help minority, low income, or educationally disadvantaged college graduates who will attend law school and plan to practice in Indiana has wrapped up its annual event.
Justices to hear compulsive gambling case
The Indiana Supreme Court will hear arguments in three cases Thursday, including a suit in which a woman claims a casino took advantage of her gambling addiction. Arguments begin at 9 a.m. in Caesars Riverboat Casino LLC v. Genevieve Kephart, No. 31S01-0909-CV-303. Caesars originally filed a suit against Genevieve Kephart after she failed to repay a gambling debt. The casino sought repayment, treble damages, and attorney fees. But Kephart counterclaimed, arguing the casino unjustly enriched itself because it knew she had…
Court rules on transfer to California court
The Indiana Supreme Court affirmed a trial court's decision to relinquish its jurisdiction over child support matters to a California trial court. In its opinion, the high court examined the interplay between the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act.
COA: Home isn’t allowed in marital estate
Even though a trial court believed a wife's testimony that her in-laws' purposefully kept her from receiving any money from the sale of the marital residence in the event of a divorce, the lower court erred by including the residence in the marital estate, ruled the Indiana Court of Appeals.
Order that law firm pay attorney fees reversed
The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.
Lawyer entitled to $1.05 million default judgment
The Indiana Court of Appeals affirmed a default judgment in favor of an Indiana attorney because an Illinois attorney demonstrated "contumacious disregard" for a trial court's orders.
High court reverses termination of mom’s rights
The majority of Indiana Supreme Court justices ruled in a parental termination case that the evidence presented didn't clearly show a mother's rights to her son should be terminated. One justice dissented because he believes an appellate court should defer to the lower court in assessing the facts of a case.