Civil: Indiana Court of Appeals Traces History Of, And Applies, Indiana’s Fireman’s Rule

Remember the Fireman’s Rule from the Bar Exam?  If not, the Indiana Court of Appeals today provided an in-depth recap of the subject in Babes Showclub, Jaba, Inc. v. Lair. In Babes Showclub, the plaintiff – and Indianapolis police officer – responded to a complaint at the defendant club’s premises.  While responding, he was allegedly assaulted by an underage male who had been drinking at the club.  The officer and his wife sued, claiming nuisance, negligence in providing…

Civil: Indiana Court of Appeals Affirms Dismissal of Biomet Derivative Action

Today, the Indiana Court of Appeals affirmed a trial court’s dismissal of a derivative action filed by two former shareholders of Biomet, Inc.  In Long v. Biomet, Inc., the Court of Appeals concluded:  (1) the shareholders lost standing to maintain their derivative action once the sale of all of Biomet’s shares to, and the company’s merger with, a new owner was completed; and (2) the former shareholders’ rights, if any, had to be vindicated through the appraisal procedure…

Criminal: Defendants, Be Careful What You Ask For

Today, the Indiana Supreme Court held that defendants who ask an appellate court to “review and revise” their sentences – pursuant to the court’s state constitutional authority to do so – open themselves up to the possibility that their sentence might be revised upward. In McCullough v. State, all five Justices agreed that the judiciary’s power to “revise” criminal sentences – a power granted by Article 4 of the Indiana Constitution – was not limited to only decreasing…