A bank is able to foreclose on a mortgage against the estate of a deceased 95-year-old woman who opened the line of credit to pay her granddaughter to take care of her. But the elderly woman’s daughter argued the granddaughter unduly influenced Mildred Borgwald to open the account.
The Indiana Court of Appeals has ordered a trial on the issue of whether the known loss doctrine would bar coverage of an insurance policy held by the owner of land sold for a housing development that later was found to have been contaminated with toxic waste. A builder sued the landowner, claiming he knew of the potential contamination and failed to inform the builder.
The Indiana Court of Appeals held that a trial court did not abuse its discretion when it denied a man’s petition to revoke spousal maintenance.
The Indiana Supreme Court ruled Tuesday that while a Marion County prosecutor committed one instance of prosecutorial misconduct during a man’s trial for sexual misconduct with a minor, the effect of this misconduct did not make a fair trial for the defendant impossible.
The Office of the Indiana Attorney General announced Wednesday that the state will receive nearly $2.1 million in a multi-state settlement with GlaxoSmithKline LLC concerning three of its drugs.
Attorneys for the parents of missing Indiana University student Lauren Spierer must delay more than a dozen planned depositions. The depositions were scheduled this month in four cities in the federal civil trial naming two of the people believed to have last seen Spierer.
Two Supreme Court of the United States rulings Monday limit patent lawsuits. The SCOTUS ruled against patent holders in two cases, rejecting a legal theory used to sue technology companies and requiring patents to be written with more specific language. IBJ.com has more on the rulings.
Indianapolis-based law firm Cohen & Malad LLP and LaPorte-based law firm Friedman & Associates have filed a lawsuit against the Indiana Department of Child Services that claims the state failed to pay millions of dollars in promised subsidies to families who adopted children from the state foster-care system. The suit seeks class-action status for 1,400 families. IBJ.com has more.
Indiana Court of Appeals
5200 Keystone Limited Realty, LLC v. Filmcraft Laboratories, Inc., Eric J. Spiklemire, Portrait America, Inc., A.C. Demaree, Inc., Russ Dellen, Inc., Clean Car, Inc., et al. (NFP)
49A04-1306-CT-311
Civil tort. Affirms summary judgment in favor of Filmcraft, Spicklemire, et al. on Keystone’s property tax claim.
Michael G. Stoner v. Amy M. Stoner (McIntire) (NFP)
38A02-1310-DR-879
Domestic. Affirms denial of father’s petition for permanent change of custody and modification of support.
Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Indiana Supreme Court
Virginia E. Alldredge and Julia A. Luker, as Co-Personal Representatives of the Estate of Venita Hargis v. The Good Samaritan Home, Inc.
82S01-1305-CT-363
Civil tort. Reverses summary judgment, holding that a wrongful death claim against Good Samaritan may proceed. Holds that the Fraudulent Concealment Statute may apply to the Wrongful Death Act’s two-year filing period. Remands for proceedings.
The estate of a woman who died in a nursing home after an attack by another resident may pursue a wrongful death claim, the Indiana Supreme Court ruled Tuesday. The family was initially told the woman suffered a fall but learned of the attack years later.
A court that granted relief from a previous order in a dispute over the ownership and use of 119 semi-trailers was affirmed Tuesday by the Indiana Court of Appeals.
Two Anderson youths convicted for their roles in the shooting deaths of a couple they robbed of money and marijuana may someday be freed from prison after the Indiana Supreme Court significantly reduced their sentences Monday.
As Indianapolis’ homicide rate continues at a near record rate, U.S. Attorney Joe Hogsett announced Tuesday that an anti-violence summit will take place in the city Sept. 3-5, bringing together federal prosecutors and Justice Department officials from around the country.
There were no caps and gowns, but the 25 participants in Bar Leader Series Class XI graduated May 21, full of encouragement to step into leadership roles both within the legal community and beyond. Congratulations to the talented, ambitious members of Class XI!
The Indianapolis Bar Association has had a long-time policy on addressing unjust criticism of the judicial system. While we have not needed to review very many cases, a recent case provided an unusual twist on the review of the judicial system.
The Indianapolis Bar Foundation announced May 28 that the Joseph Maley Foundation has been named the recipient of the 2014 Impact Fund Grant of $35,000. Specifically, the grant will fund the foundation’s new Parent Education and Pro Bono Legal Assistance Program for central Indiana students with individualized education plans.
Read about Indiana attorneys who have joined new firms, been honored or joined local boards.