Southern District rules amended
Several Local Rules of the United States District Court for the Southern District of Indiana have been amended. The changes are effective Jan. 1.
Litigation
Articles
COA reverses ruling in right of contribution case
The Indiana Court of Appeals used common law today to reverse a judgment in favor of a man suing his business partner for failing to contribute to guarantee payments.
Judge denies summary judgment in legal malpractice suit
A federal judge denied summary judgment for an attorney and his law firm on legal malpractice and other claims, ruling the defendants failed to present a coherent argument to support summary judgment.
Northern District Local Rules amended
Four local rules have been amended in the U.S. District Court of Indiana, Northern District. Changes have been made to Local Rule 7.1, Motion Practice; Length and Form of Briefs; L.R. 56.1 Summary Judgment Procedure; L.R. 200.1, Bankruptcy Cases and Proceedings; and Appendix C, Notice to Pro Se Litigant.
SCOTUS mulling the future of class-action suits
Defense and plaintiffs attorneys alike have their eyes on the Supreme Court of the United States, which has before it a case that some say could spell the end to class-action lawsuits in the name of contractual arbitration.
COA upholds denial of post-conviction relief
The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.
Attorney sues condo developer over accessibility
A resident of the 3Mass condo development who uses an electric wheelchair is suing the developers for failing to provide handicap accessibility to a rooftop terrace overlooking downtown Indianapolis.
Justices order new trial to determine fault in Ford rollover suit
The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.
Medicaid applications review policy doesn’t violate federal law
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability
application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled
today.
Mom sues over girls’ high school basketball schedule
A Franklin County mother is suing the Indiana High School Athletic Association and multiple school districts claiming discrimination
against the girl’s basketball team based on when the girls play their games.
Inlow heirs accuse Fifth Third, Hall Render of fraud
A bitter battle between the heirs of former Conseco Inc. executive Lawrence Inlow and the bank and attorneys overseeing his
estate will get a hearing Friday in Hamilton County Court.
Attorneys say ruling confuses discovery regarding expert materials
A liability lawsuit filed by the victims of a water-heater explosion a year after the May 2004 blast has erupted in its own
metaphorical explosion of discovery disputes.
COA: Award fees for litigation costs
The Indiana Court of Appeals instructed a trial court today to follow its guidance on remand to determine the amount of money to award to a man who wants to recover fees for litigation at the trial and appellate levels. The court hopes to avoid another appeal of the case.
Jury awards NW Indiana couple $48 million
A Lake County jury awarded a couple $48 million for injuries the man sustained after a workplace accident.