In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
The trial of the attorney who allegedly attacked a state representative last year began today in Hamilton County.
The Indiana Court of Appeals will allow lottery scratch-off game players’ claim of contract rescission against the state’s lottery commission to proceed to trial, but the court affirmed summary judgment in favor of the lottery on the other claims filed by the players in a class-action suit.
A federal judge says that a non-attorney who wants to work for the American Civil Liberties Union of Indiana or as a local public defender can’t join an already-pending class-action lawsuit that challenges the state’s Board of Law Examiners and its questions about applicants’ mental health history.
The Indiana Supreme Court has a warning for attorneys both inside and outside the state: comply with the rules for being admitted to practice here or else.
The Indiana Election Commission has pulled one Lake County judicial candidate off the ballot because of how the political process put him into the race, while a controversial incumbent Allen Superior judge remains on the ballot despite arguments that his disciplinary history should keep him off.
Despite a claim that labor unions are “inherently” charitable in nature and have historically been granted property tax exemptions, the Indiana Tax Court affirmed that one union’s banquet facility is 100 percent taxable.
7th Circuit Court of Appeals
Trent L. Chapin v. Fort-Rohr Motors Inc.
09-1347
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Reverses denial of Fort-Rohr’s motion for judgment as a matter of law after a jury found in Chapin’s favor in his retaliation suit. Fort-Rohr was entitled to judgment as a matter of law because Chapin did not produce sufficient evidence to support an actual or constructive discharge.
Indiana Court of Appeals
In the Matter of the Unsupervised Estate of Judith E. Phillips v. Rainer Assmann (NFP)
40A05-1001-EU-33
Estate, Unsupervised. Affirms trial court judgment in favor of Assmann for $34,514.04, concluding it did not abuse its discretion in ruling on the competence of Assmann’s testimony under the Dead Man’s Statute.
Daniel E. Hoagland, et al. v. Dorothy H. Mosier, et al. (NFP)
76A03-0911-CV-521
Civil. Affirms trial court’s judgment approving a signed memorandum of agreement and quieting title to each party’s lot.
Ahmed Bellamy v. State of Indiana (NFP)
49A04-1002-CR-54
Criminal. Affirms trial court order that Bellamy serve the remainder of his outstanding sentence imposed after his probation revocation.
The following opion was posted after IL deadline Thursday.
Indiana Tax Court
6787 Steelworkers Hall, Inc. v. John R. Scott, Assessor of Porter County
No. 49T10-0906-TA-27
Tax. Affirms Indiana Board of Tax Review’s determination that Local 6787’s banquet facility is not predominately used for education or charitable purposes and therefore is 100 percent taxable.
7th Circuit Court of Appeals
Trent L. Chapin v. Fort-Rohr Motors Inc.
09-1347
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Reverses denial of Fort-Rohr’s motion for judgment as a matter of law after a jury found in Chapin’s favor in his retaliation suit. Fort-Rohr was entitled to judgment as a matter of law because Chapin did not produce sufficient evidence to support an actual or constructive discharge.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Conwell Construction v. Abbey Road Development, LLC, et al. (NFP)
49A05-0912-CV-741
Civil. Affirms trial court grant of permission to amend its counterclaim to assert a claim for actual damages.
Johnny Mack Watts, Jr. v. State of Indiana (NFP)
79A02-1002-CR-167
Criminal. Affirms sentence following guilty plea to Class C felony criminal confinement.
Melvin A. Sykes v. State of Indiana (NFP)
71A03-1001-CR-86
Criminal. Affirms conviction of Class B felony robbery while armed with a deadly weapon.
City of Gary, Indiana, et al. v. Hazel L. Osborne (NFP)
45A03-0910-CV-463
Civil. Affirms jury award against City of Gary and other appellants and in favor of Osborne in her lawsuit for damages incurred as a result of personal injuries suffered in a traffic accident involving a police officer and Osborne.
Jeffrey Jinks v. State of Indiana (NFP)
49A05-1002-CR-68
Criminal. Affirms revocation of probation and imposition of five years of a previously suspended six-year portion of Jinks’ sentence.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Conwell Construction v. Abbey Road Development, LLC, et al. (NFP)
49A05-0912-CV-741
Civil. Affirms trial court grant of permission to amend its counterclaim to assert a claim for actual damages.
The state legal community is saying goodbye to a past Indiana State Bar Association president who was a pivotal part of promoting diversity within the profession.
A Merrillville attorney and three law firms must repay East Chicago a total $453,282 in legal fees they collected for defending former city officials in the Sidewalk Six scandal.
A traveling exhibit celebrating the American Civil Liberties Union’s 90th anniversary will be unveiled in Indianapolis Friday.
Retired Vincennes attorney Ewing Rabb Emison Jr., 85, president of the Indiana State Bar Association from 1986 to 1987, died this morning.
The government's allegations read like a spy novel: Dr. Ke-xue "John" Huang lands a job at Indianapolis-based Dow AgroSciences and over five years works himself into a position of trust, with access to trade secrets and processes the company has invested $300 million to develop.
The Indiana Supreme Court believes general negligence claims filed with the Indiana Department of Insurance can continue an action already filed in state court relating to medical malpractice issues.
The Indiana Court of Appeals remanded a case today with instructions to re-examine a case about a man’s disputed classification as a sexually violent predator.
A trust has been created for the children of an attorney who was killed by her husband last week.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Paul E. Armstrong, Jr. v. State of Indiana
38A02-1002-PC-137
Post conviction. Affirms denial of petition for post-conviction relief. The post-conviction court did not err by finding that Armstrong received effective assistance of counsel; Armstrong’s plea of guilty was voluntary; the state established a sufficient factual basis; and any error that stemmed from Armstrong not being represented by counsel at the sentencing hearing is harmless beyond a reasonable doubt.
Mickey Sloan v. Town Council of the Town of Patoka
26A01-0910-CV-506
Civil. Reverses decision in favor of the town council, denying Sloan’s claim of inverse condemnation of a certain part of his real estate by the town of Patoka. The Town of Patoka’s use of Sloan’s property as a roadway without prior compensation being paid to Sloan or his predecessor in title constitutes a “taking” under an inverse condemnation theory. Remands for further proceedings.
Stuart A. Clampitt v. State of Indiana
54A01-1002-CR-64
Criminal. Reverses order denying Clampitt’s motion to remove his status as a sexually violent predator. The Montgomery Circuit Court had jurisdiction to rule on his motion. Remands with instructions.
Alrita Morehead v. Duane Deitrich
09A04-1003-CT-172
Civil Tort. Affirms summary judgment for Deitrich in Morehead’s suit after she was bit by a dog that was living in a home Deitrich rented. The undisputed facts are that Deitrich was neither the owner nor the keeper of his tenants’ dog. Thus, as a matter of law, he had no duty to confine or restrain the dog.
Nathan R. Cook v. State of Indiana (NFP)
49A02-1001-CR-36
Criminal. Affirms sentence for Class D felony domestic battery and Class A misdemeanor domestic battery.
Kenneth W. Rhymer, Jr. v. State of Indiana (NFP)
21A01-1004-CR-174
Criminal. Affirms probation revocation.
Robert Browning v. State of Indiana (NFP)
82A05-1002-CR-122
Criminal. Affirms conviction of operating a motor vehicle while intoxicated as a Class C misdemeanor.
James N. Hamilton v. State of Indiana (NFP)
89A01-1001-CR-29
Criminal. Affirms conviction of and sentence for receiving stolen property as a Class D felony.
Indiana Tax Court had posted no opinions at IL deadline.