Medical Malpractice Act does not apply to third party, COA rules
A worker injured on the job by the actions of a co-worker who was taking prescribed narcotic pain killers is not subject to the limitations of Indiana’s Medical Malpractice Act.
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Judge holds 2013 abortion law violates Equal Protection Clause
A ruling in federal court has essentially struck down Indiana’s restrictions on drug-induced abortions, but the argument that the law places an undue burden on women caused the court to refrain from making a final judgment.
Public voyeurism statute not unconstitutionally vague as applied, COA rules
A man who argued he lacked sufficient notice that the public voyeurism law prohibits his conduct because he filmed girls wearing bathing suits or a skort lost his case before the Indiana Court of Appeals Thursday.
Liquor store owners argue state has Constitutional right to regulate cold beer
The Indiana Association of Beverage Retailers Inc., arguing that the state’s interest in regulating alcohol trumps an Equal Protection challenge, has filed an amicus brief in support of Indiana’s law prohibiting convenience stores and gas stations from selling beer cold.
Court upholds serious violent felon finding, despite not using term ‘SVF’
The Indiana Court of Appeals rejected a man’s claim that because a stipulation to being a serious violent felon did not use the term “serious violent felon,” the state didn’t establish that as his status.
COA reverses syringe possession conviction due to lack of evidence
Because the state couldn’t prove that a man intended to use a syringe to inject a legend drug, as is required by the statute to convict him of possession of a syringe, the Indiana Court of Appeals reversed the man’s conviction. The man intended to use the syringe to inject heroin, which is not covered by the statute.
Questions exist as to whether teen furnished alcohol to other teens
The Indiana Court of Appeals reversed summary judgment in favor of a Pittsboro man in a lawsuit alleging he was liable for the death of friend because he furnished alcohol at a party. The friend died in a car accident while riding with another teen who had consumed alcohol at the party.
Enhancement to sentence upheld by COA
Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.
Judge finds Marion County judicial election system unconstitutional
A federal judge in Indianapolis has ruled that the statute outlining how Marion Superior judges are elected is unconstitutional. Because a stay has been issued, the ruling will not impact next month’s election.
Court: Father’s failure to timely register implies consent to adoption
The Indiana Court of Appeals has affirmed the adoption of a child by the maternal grandfather after finding the purported father irrevocably implied consent after failing to timely register with the Indiana Putative Father Registry.
COA: Letter satisfied notice requirements after city damages pipeline
The Indiana Court of Appeals has affirmed the denial of the city of Plymouth’s motion to dismiss an administrative action against it stemming from damages it caused to an underground natural gas pipeline. The appeals court found the Indiana Utility Regulatory Commission satisfied the statutory and administrative requirements concerning notice of the violation and recommended penalties.
Annexation called ‘legalized bullying’ during interim study committee meeting
Property owners told Indiana legislators Sept. 24 that despite the General Assembly’s continual tinkering with the state’s annexation statute, the process still favors municipalities by giving them all the power to take the land they want without considering the owners’ wishes.
Line blurs on intoxication
Convictions for public intoxication don’t just require being pickled in public anymore. An inebriated person now has to do something else, but conduct elements added to the criminal statute in 2012 have blurred what constitutes a misdemeanor.
Court declines to review drug sentence based on new criminal code
A man who pleaded guilty earlier this year to dealing in oxycodone couldn’t convince the Indiana Court of Appeals that his sentence should be reconsidered based on the revised criminal code that took effect July 1.
Justices hear constitutional challenge to right-to-work law
Indiana’s right-to-work statute is clearly anti-union, one state Supreme Court justice said Thursday, but all five justices seemed dubious of arguments that it violated the state constitution.
State can exclude fuel ethanol plants from ‘chemical process plant’ classification
The Indiana Supreme Court on Tuesday affirmed the decision by state environmental agencies to no longer consider fuel ethanol plants to be a “chemical process plant” under the Clean Air Act. By removing fuel ethanol plants from this classification, those plants may not be subject to stricter regulations.
Divided 7th Circuit affirms dismissal of RTW challenge
A split panel on the 7th Circuit Court of Appeals has affirmed the decision by a federal judge in northern Indiana to dismiss a lawsuit brought by a union challenging Indiana’s right-to-work law. The majority concluded the law does not violate the union members’ rights under the U.S. Constitution nor is it preempted by federal labor legislation.
Fee cap provision in Med Mal Act does not reduce fund’s liability
The Indiana Supreme Court has sided with an estate in a dispute over whether the Indiana Medical Malpractice Act’s cap on attorney fees from a Patient Compensation Fund award also applies to reduce the fund’s liability. The issue is one of first impression in Indiana.
Journey’s Account Statute applies to proposed medical malpractice complaint
The Indiana Court of Appeals Wednesday affirmed that the Journey’s Account Statute applies to revive a proposed medical malpractice complaint filed on behalf of a woman’s granddaughter as her guardian.
7th Circuit declines to overturn mine’s fine for safety violation
The 7th Circuit Court of Appeals denied the petition for judicial review filed by a company that runs a southern Indiana mine, finding sufficient evidence supports fining the company for violating federal regulation requiring a protective mound along an elevated roadway.