Most Indiana construction law practitioners would probably agree that Indiana caselaw on construction issues is hardly robust. One exception is cases that address the enforceability of waiver of subrogation provisions (usually under AIA contracts) to prevent claims for damage to the “Work” (again usually as defined by AIA contracts) when a builder’s risk policy should or does cover the damage.
Any amendments to various federal rules always take effect Dec. 1. Some years there are significant changes, other years few or no amendments are in play. This December is very modest in terms of federal rule amendments.
In an era of tight lending for construction, public-private partnerships are a solution to get desired projects funded and under way. Attorneys who represent parties in such deals say nuanced negotiations hold the key for deals with a shared vision but sometimes competing interests.
A 644-acre swath of rural Hancock County land is at the heart of a contentious annexation battle that illustrates what municipalities say is the need to get control of property before development happens. The case also brings to light what may be a shift in the judiciary’s attitude toward remonstrators.
In the last 30 days, we have waited patiently in waiting rooms for late doctors, sat stalled in pick-up lines at schools and, yes, even waited for judges. As attorneys, we know that in some courts, 9 a.m. really means 8:59:59 a.m., while, in other courts, 1 p.m. really means 1:30 p.m. We also know […]
We advise our clients that unfortunately, delays can be part of the court experience. However, one thing we have never advised our clients to do is “tell the court how you really feel.” Or, as Dave Chappelle would say, we have never advised our clients to “keep it real” with the court.
Tippecanoe County is just one of a handful of sites across the nation participating in a special initiative designed to constrict the flow of minors into the juvenile justice system and give them a second chance.
Walgreen’s appeal of $1.8M judgment in favor of customer raises patient privacy issues.
Marion County’s unique power-sharing judicial-election system won’t be fixed anytime soon, even though a federal judge has ruled the four-decade-old system is unconstitutional.
The reality television show “Cold Justice” linked Earl Taylor to the 1975 murder of his first wife, Kathy Taylor. Dennis Majewski, Earl Taylor's attorney, said the TV program carried by the TNT cable network, and a follow-up newspaper article that told viewers the episode was available on YouTube, led him to doubt he could find an untainted jury in Vigo County.
State officials want the medical license suspended for a doctor who runs a string of Indiana clinics over his prescribing of pain medications.
A state legislative panel isn't making any recommendations on ethics rule changes that the General Assembly is expected to consider during its upcoming session.
Investigators in two states are reviewing unsolved murders and missing person reports after the arrest of an Indiana man who police say confessed to killing seven women and hinted at more victims over a 20-year span.
Two years after a federal judge struck down a Washington law that targeted websites like Backpage.com, new state and federal efforts are again calling for more oversight of sites that offer "adult services," in the hopes of curbing sex trafficking.
Now that same-sex marriage is legal in Indiana, the courts will have to settle issues and questions that will arise in other areas, such as family law.
Almost 50 years later, Forrest Bowman Jr. is talking about the murder case involving Indianapolis teen Sylvia Likens, something he’s not done much of in the past. His just-released book, “Sylvia: The Likens Trial,” presents a thorough, inside, day-by-day recollection of a trial that captivated and horrified the state in 1966.
Although a witness’s changed testimony did not open the door wide enough to allow the introduction of a defendant’s prior drug record, the prosecution’s case was still substantial without the improper evidence so the defendant’s federal conviction will stand.
Indiana Court of Appeals
Scott Neal v. State of Indiana (NFP)
32A01-1406-CR-252
Criminal. Affirms trial court’s award of credit time for pretrial detention.
Larry D. Best, Jr. v. State of Indiana (NFP)
38A05-1307-PC-325
Post conviction. Affirms denial of petition for post-conviction relief.
7th Circuit Court of Appeals
United States of America v. Kenneth Schmitt
13-2894
U.S. District Court for the Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Criminal. Affirms conviction for possessing a firearm while being a felon and sentence of 110 months in prison with three years of supervised release. Finds police officers did not violate the Fourth Amendment’s restrictions on warrantless searches because the officers were doing a protective sweep to secure the premises when they unlocked the basement door and searched the basement where the AK-15 semi-automatic assault rifle was found. Rules although the District Court erred in admitting evidence of Schmitt’s conviction for possession of methamphetamine, the error was harmless. And concludes District Court did not err in applying a four-level enhancement to Schmitt’s base offense level.
The Indiana Supreme Court will decide whether a public school district may charge parents a fee to transport children to and from school.