Carmel attorney’s misrepresentation leads to 180-day suspension
A Carmel attorney has been suspended from the practice of law for 180 days for engaging in dishonest and fraudulent representation of a client before and after the client fired him.
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South Bend attorney’s discipline converted to indefinite suspension
The Indiana Supreme Court has moved to indefinitely suspend a South Bend attorney who was suspended earlier this year for her noncooperation with a disciplinary investigation of a grievance against her.
RV manufacturer prevails against warranty breach claims
Although sympathetic toward a couple who bought an RV riddled with problems, the 7th Circuit Court of Appeals affirmed an award of judgment for the RV’s manufacturer after finding no breach of the warranty or its provisions.
Ex-Covance worker’s retaliation lawsuit reinstated
The 7th Circuit Court of Appeals has reinstated a man’s lawsuit alleging his former employer refused to hire him permanently in retaliation of prior discriminatory complaints he filed.
Florida IP attorney’s referral agreement results in Indiana suspension
A Florida intellectual property attorney who represented Indiana clients has been suspended from the practice of law for 30 days for failing to disclose to clients that his firm was pursuing patents under an agreement with another company that charged clients to develop, protect and market their inventions.
Federal courts report bankruptcies continue to decline
Continuing a trend of recent years, bankruptcies nationwide declined for the fiscal year that ended June 30, 2019, U.S. Courts reported. Overall personal bankruptcies declined slightly, though business filings increased for just the third time this decade. Indiana’s Southern District bankruptcy numbers, however, told a different tale.
Inspector general fights AG Hill’s subpoena in discipline case
As the disciplinary action against Indiana Attorney General Curtis Hill proceeds, a key player in the investigation into allegations of sexual misconduct against Hill is claiming her records from the investigation are privileged.
Conviction affirmed for driver who stalked woman almost 70 miles
A man who followed a woman by car from Valparaiso to Warsaw has lost an appeal of his conviction and sentence for stalking. The Indiana Court of Appeals rejected his right-to-travel jury instruction arguments as well as his challenge to the evidence against him.
COA affirms wrongful death rulings against cystic fibrosis patient
Judgments in favor of a hospital, insurance company and ambulance provider were affirmed Thursday in a wrongful death suit brought by a cystic fibrosis patient’s late husband. The woman died from pneumonia after a prolonged ambulance ride toward a lung transplant that ended up at the wrong hospital.
COA upholds admitting meth found in Bedford Taco Bell
A man convicted of possessing several grams of meth has lost his appeal to suppress evidence found at his fast food workplace after an anonymous caller alerted authorities. But a concurring judge used the case to “state the obvious” and remind Hoosiers of their right not to talk to police in similar circumstances.
Bankruptcy Judge Lorch stepping down (again) after 27 years
Retiring Judge Basil H. Lorch III of the U.S. Bankruptcy Court for the Southern District of Indiana will be honored in a private ceremony Friday for his 27 years of service in the federal judiciary.
COA hears free speech Facebook post case involving police threats
Arguments concerning a mother’s free speech rights on Facebook after she was convicted for harassing a police officer opened discussion about the uncharted waters of social media in court before an Indiana appeals court Wednesday.
Appeals court rules DACA resident understood immigration risks
An Elkhart County man who pleaded guilty to drug charges but successfully met certain conditions to avoid a felony conviction is still facing deportation after the Indiana Court of Appeals found his initials on the advisement were enough to indicate he understood the immigration consequences.
COA upholds summary judgment for maker, seller of destroyed farm equipment
Summary judgment against the insurer of a farm that suffered more than $350,000 in damage after an equipment fire has been upheld, though a partially dissenting judge would not have addressed the merits of every issue raised on appeal.
Damon Leichty takes ‘quiet confidence’ to federal judiciary
The U.S. Senate approved Damon Leichty on an 85-10 vote, sending the South Bend Barnes & Thornburgh partner to fill the last vacancy in Indiana’s federal judiciary and making him the fourth judge confirmed to Indiana’s federal bench since last August.
Step-by-step: 3 counties get extra judicial resources this year from General Assembly
Every fall, judicial representatives from several Indiana counties travel to the Statehouse to make the same plea: Our caseloads are growing and our litigants are waiting, the judges tell lawmakers. We need more help, and we need your permission to get it.
Cold beer safe, but is Indiana’s live-here, sell-here law on ice?
In late June, the U.S. Supreme Court notified Tennessee that it was last call for the state’s liquor sales residency requirement — a law similar to statutes on Indiana’s books.
Indiana Court Decisions – July 2–17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
A big plus: Improved child support calculators aid lawyers, parents
Newly updated versions of the state’s child support calculators went live July 1, drawing surprise and praise from family law attorneys.
Conflicting opinions: Amid call to abolish city, town courts, proponents say venues have value
If you’ve ever been cited for violating a local ordinance, odds are you’ve ended up in a city or town court. While there have been calls to abolish them, the small-matter venues also have their defenders.