Legislation updating Indiana’s expungement law – including language specifying where a petition for expungement must be filed – is now eligible for consideration by the full House. The expungement bill is one of several that moved out of committee Thursday.
The United States Courts cautioned attorneys this week about an email scam in which the emails purporting to come from federal and state courts are infecting recipients with computer viruses.
The Statehouse is a common battlefield for factions in Indiana's alcoholic beverage industry, and this session, one group of beer wholesalers is firing shots in multiple directions.
Indiana Court of Appeals
Chauncey Krantz v. State of Indiana (NFP)
84A04-1302-CR-87
Criminal. Affirms 16-year sentence for Class C felony child molesting, Class C felony child exploitation and Class D felony possession of child pornography.
Ronald Lemon v. State of Indiana (NFP)
82A04-1305-CR-221
Criminal. Affirms Class D felony possession of marijuana conviction.
Jack Perkins, III v. State of Indiana (NFP)
82A04-1306-CR-315
Criminal. Affirms convictions of Class A felony child molesting and Class B felony confinement.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Floyd County and Floyd County Plan Commission v. City of New Albany and New Albany City Plan Commission
22A05-1303-MI-139
Miscellaneous. Affirms summary judgment for the city on a lawsuit over whether the city or county has zoning jurisdiction over an unincorporated area outside the city limits. As a matter of law, the county is not entitled to exercise jurisdiction over the fringe area, nor is it required to consent to the city’s exercise of jurisdiction. Because the county has a population of less than 95,000, Indiana Code 36-7-4-205(f) determines which entity is entitled to exercise jurisdiction over the fringe area, and because the city is providing municipal services to the fringe area, it is entitled to the exercise of jurisdiction without the necessity of county approval.
Nearly 300 former patients of a national dental chain that closed Indiana locations without notice in 2011 will receive partial or total refunds, Attorney General Greg Zoeller said in a statement Thursday.
In a dispute between the city of New Albany and Floyd County concerning which entity has zoning jurisdiction over an unincorporated area outside city limits, the Indiana Court of Appeals affirmed summary judgment for the city.
The 7th Circuit Court of Appeals affirmed the confirmation of a sale of an ethanol plant in South Bend to a joint venture, rejecting a nonbidder’s claim that the establishment of the joint venture amounted to collusion that spoiled the auction.
Indiana Chief Justice Brent Dickson told a joint session of the General Assembly Wednesday that lawmakers’ help was needed to fix Marion County Township Small Claims Courts, which have been plagued by allegations of forum shopping and other criticism.
Indiana Court of Appeals
Tracy Rambo v. Jeffrey Justice, M.D. (NFP)
7A03-1308-CT-322
Civil tort. Reverses summary judgment in favor of Justice on Rambo’s medical malpractice claim. Remands for further proceedings.
Beverly Czech v. James Czech (NFP)
45A05-1305-DR-234
Domestic relation. Reverses exclusion of real property inherited by James Czech through intestate succession in the dissolution of the Czechs’ marriage. Remands for further proceedings.
Calvin Murphy v. State of Indiana (NFP)
49A02-1304-CR-360
Criminal. Affirms conviction of Class A misdemeanor battery.
Gregory Poling v. State of Indiana (NFP)
01A02-1306-CR-558
Criminal. Affirms conviction of Class D felony theft.
Demetrius Jackson v. State of Indiana (NFP)
71A05-1305-CR-215
Criminal. Affirms conviction of Class B felony robbery.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
The City of Fort Wayne v. Northern Indiana Public Service Company and NiSource, Inc.
02A04-1307-CT-366
Civil tort. Affirms summary judgment for NIPSCO and NiSource on the city’s lawsuit after NIPSCO’s contractor damaged an underground drain, causing flooding. The city’s failure to discharge its statutory duties to provide accurate locations of its underground facilities to NIPSCO is dispositive of all claims on appeal.
A problem-solving court that could offer diversion programs for veterans charged with minor offenses is under consideration in Noblesville.
Because the city of Fort Wayne did not provide accurate locations of its drains to a utility company involved in constructing an underground monolith, its negligence suit against the utility company can’t survive summary judgment. An underground drain was damaged during the process, causing flooding in the area.
Luke Bielawski was honored Tuesday at the Indiana Statehouse for his novel fundraising efforts. The Indiana University Robert H. McKinney School of Law student made headlines last year when he hit golf balls across the country to raise money for an Indianapolis high school serving at-risk students.
In the course of reporting on legal news throughout the state, IL reporters and editors have the opportunity to talk with many attorneys. One thing we hear often is how much lawyers truly love and are inspired by the practice of law. While some days their relationship with the law is a love/hate affair, many lawyers tell us that their passion for the law was sparked early, and if they had it all to do again they’d still choose a life in the law.
We invite you to tell us why you love the law. Please send your submission – 100 words or less – to IL Managing Editor Jennifer Nelson at [email protected]. Deadline for submissions is today! In honor of Valentines Day, short vignettes will be published in the Feb. 12 issue of Indiana Lawyer.
Attorney and law school benefactor Robert H. McKinney is being honored by the Anti-Defamation League for his work combating discrimination and hate.
An Indiana company violated the Americans with Disabilities Act when it fired an employee for falling asleep on the job after it learned the worker had a medical condition covered by the federal protection.
Indiana Court of Appeals
Dione Wells v. State of Indiana (NFP)
49A02-1306-CR-512
Criminal. Affirms conviction for theft, a Class D felony.
The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.
7th Circuit Court of Appeals
Kimberly Spurling v. C&M Fine Pack, Inc.
13-1708
Civil. Affirms the U.S. District Court Northern District of Indiana’s entry of summary judgment for C&M on the Family Medical Leave Act claim. Reverses the entry of summary judgment in favor of C&M on Spurling’s Americans with Disabilities Act claim and remands for further proceedings consistent with this opinion. Rules the company did not actually fire Spurling until after it learned she had a medical condition that was covered under the ADA.
Environmental groups opposed to a controversial coal gasification plant proposed for southwest Indiana have asked for state administrative review of a permit that was extended without a hearing on the day it was set to expire.