Articles

Divided COA tosses suit against lawyers over tax sale proceeds as untimely

A divided panel of the Indiana Court of Appeals on Thursday threw out a lawsuit against two lawyers filed by their opposing party in long-running litigation, the current case over proceeds from a tax sale that the lawyers distributed to their clients. The majority ruled that the lawsuit — filed one day outside the two-year statute of limitations — should be dismissed.

Read More

Indiana AG asks high court to take up Munster Schools retirement pay dispute

Indiana’s attorney general is turning to the state’s high court in his battle to force two retired school superintendents to repay hundreds of thousands of dollars. Attorney General Curtis Hill recently filed a petition asking the Indiana Supreme Court to accept transfer of his civil lawsuit against former School Town of Munster superintendents William Pfister and Richard Sopko.

Read More

Indiana leads 20-state coalition’s whistleblower brief

A scheme to award a multi-million-dollar no-bid subcontract to provide security in Iraq during the cleanup of munitions has put the spotlight on the federal False Claims Act and raised concerns among states, including Indiana, that a narrower interpretation of the long-standing statute could impact their ability to recover in whistleblower complaints.

Read More

Summary judgment for gastroenterologist affirmed

The Indiana Court of Appeals has affirmed summary judgment for a gastroenterologist who was alleged to have committed malpractice by not informing a patient of the criteria for a liver transplant. The court ruled Friday the patient’s estate failed to prove their claim should be allowed to proceed after a seven-year delay in its filing.

Read More

Justices limit recovery in securities fraud cases

The Supreme Court of the United States on Monday made it tougher for the government to recover ill-gotten gains from people convicted of securities fraud, ruling that such recoveries are subject to a five-year statute of limitations.

Read More

Statute of limitations bars medical negligence case

After a dermatology appointment left a Marion County woman with facial discoloration that never went away as her doctor said it would, the woman sought damages in a negligence complaint. However, because she failed to prove that she “later learned” that her injury was worse than she thought, the Indiana Court of Appeals held that the woman’s claim cannot proceed in court because it was not timely filed.

Read More

COA: Incest age defense can’t win post-conviction relief

A man convicted of incest for a consensual sexual relationship with his biological aunt couldn’t persuade the Indiana Court of Appeals that he was entitled to post-conviction relief. The man claimed ineffective assistance of counsel for failing to argue in his defense that the man’s aunt was older than 31.

Read More