Justices take 5 cases
The Indiana Supreme Court will weigh whether a student who resisted being handcuffed by a school resource officer merits adjudication as a delinquent for the equivalent of Class D felony resisting law enforcement.
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Articles
Property mortgagor, managers owed no duty in case of drowned girl
A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and other defendants after the child drowned in the pool of a house that had been abandoned.
Opinions Jan. 15, 2013
Indiana Supreme Court
Timothy W. Plank, Individually and as Personal Representative of the Estate of Debra L. Plank, Deceased v. Community Hospitals of Indiana, Inc., and State of Indiana
49S04-1203-CT-135
Civil tort. Affirms trial court denial of Timothy Plank’s request to hold an evidentiary hearing to challenge the constitutionality of the Medical Malpractice Act. Plank forfeited his opportunity to conduct such a hearing.
COA: Theft and auto theft adjudications didn’t violate single larceny rule
A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.
Detailed settlement agreement not specific enough for son to claim funds
Although a settlement agreement worked out between siblings included details about who would receive the comic books, the Indiana Court of Appeals ruled because the document did not specifically address the accounts receivable, one of the surviving sons would not be entitled to the money.
Plank failed to preserve claim med mal cap is unconstitutional
The Indiana Supreme Court unanimously ruled Tuesday that Timothy Plank, who filed a medical malpractice complaint following the death of his wife in 2001, forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act.
Borrower entitled to retrial on judgment, COA rules
A Steuben Circuit Court committed reversible error when it failed to admit into evidence an exhibit purporting to show that a borrower had repaid a $650,000 promissory note, the Indiana Court of Appeals ruled Tuesday.
Father owes support to children conceived via artificial insemination
A father who contested a trial court order that he must pay child support for two children failed to convince the Court of Appeals that he did not consent to their conception through artificial insemination.
COA: ‘Appalling character’ of deadbeat dad merits 10-year sentence
An Elkhart County father whose child support arrearage neared $57,000 lost his second appeal of a case that already has gone to the Indiana Supreme Court.
IBA: Where the Legal Jobs Are: Litigation to Offer Greatest Opportunities in 2013
Which specialty areas are predicted to yield the most prospects for legal job seekers in the year ahead? Almost one-quarter of lawyers recently interviewed by Robert Half Legal expect litigation will generate the greatest number of job opportunities in 2013.
IBA: Indiana High School Mock Trial Judge Volunteers Needed
The Indiana High School Mock Trial Regional competitions are in need of volunteer judges to preside over and score the mock trials presented by high school teams from all over Indiana in February.
Blomquist: One Column Down, One Amazing Year to Go
Indeed, this is my first column as President of the Indianapolis Bar Association–the first of many I am told–and short of some bad state fair karaoke a few years back, this is the most intimidated I’ve been in a long while, though not by my position as steward of this exceptional organization but by assuming you want to hear my musings along the way.
IndyBar Unveils Attorney Apprentice Program
A common concern is routinely heard in the bar, from recently graduated law students and seasoned practitioners alike: “They don’t teach you how to actually be a lawyer in law school.
IBA: Marion Superior Court Announces Court Assignments
New court assignments approved by the Marion Superior Court Executive Committee in Nov. 2012 became effective as of Jan. 1, 2013.
Indiana Court Decisions Dec. 21, 2012 to Jan. 8, 2013
Read appellate opinions from Indiana courts.
Federal Bar Update: Southern District of Indiana adopts rule amendments
The Southern District has amended several Local Rules. These were approved in late December and took effect Jan. 1.