March 30, 2010
Jennifer NelsonWhen modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature
as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.
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March 29, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a lower court order denying an electronic voting systems company's petition for
stay on an order prohibiting it from marketing, selling, or leasing voting systems in Indiana for 18 months.
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March 26, 2010
Jennifer NelsonA trial court erred in finding that a company was bound by its insurance agency's acts even though the agency
acted against the company's wishes, the Indiana Court of Appeals ruled today.
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March 25, 2010
Jennifer NelsonThere is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction
or repossession of a private party, according to an Indiana Court of Appeals judge.
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March 23, 2010
Jennifer NelsonAn Indianapolis-based health insurer can't deduct its settlement payments or legal expenses from the litigation because the
insurer's payments were actually capital expenditures, the 7th Circuit Court of Appeals affirmed today.
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March 23, 2010
Jennifer NelsonA plaintiff is entitled to a hearing on whether vandalism caused the fire at an unoccupied home, the 7th Circuit Court of Appeals
ruled today. The District Court never made a finding on the investigation that indicated it may have been burglars who
started the fire.
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March 17, 2010
Jennifer NelsonA trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because
he failed to timely file his petition, the Indiana Court of Appeals affirmed.
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March 16, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because
it didn't act in good faith in providing a mortgage that was obtained by fraud.
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March 16, 2010
Jennifer NelsonDespite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney
fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
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March 15, 2010
Jennifer NelsonAlthough there isn't any Indiana caselaw detailing how the shares held by dissenting shareholders are to be appraised,
the Indiana Court of Appeals adopted the view that trial courts should consider all possible elements of the present value
of the corporation on the valuation date, including the company's possible future plans.
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March 5, 2010
Jennifer NelsonIn reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals
specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.
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March 5, 2010
Jennifer NelsonIndiana Supreme Court Chief Justice Randall T. Shepard didn't agree with his colleagues' decision that a defendant
couldn't introduce evidence to dispute the judgment of an injured plaintiff's medical providers in choosing certain
treatment.
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March 2, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the appointment of a third-party guardian for an incompetent adult because a disinterested
person may hopefully prevent unnecessary disputes caused by mistrust between the woman's children and husband.
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February 26, 2010
Jennifer NelsonThe Brown County Commissioners had no authority to enact an ordinance to attempt to dissolve a recently created fire district,
the Indiana Court of Appeals concluded today.
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February 25, 2010
Jennifer NelsonThe Indiana Supreme Court granted transfer Wednesday in a dispute over who bears the burden to prove "pecuniary liability"
under the Worker's Compensation Act, and adopted the Indiana Court of Appeals' opinion on the matter.
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February 25, 2010
Jennifer NelsonThe Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships
between the parties in an adoption petition.
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February 18, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed the finding that the Indiana Department of Environmental Management breached a settlement
agreement because the trial court didn't have subject matter jurisdiction to determine whether it committed a breach.
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February 17, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of an agreed petition to establish paternity and maternity of a child who
was born of a surrogate, finding equitable relief should allow the biological mother to establish she is in fact the baby's
biological mother.
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February 12, 2010
Jennifer NelsonA majority on the Indiana Court of Appeals affirmed summary judgment for a golf course, golf scramble organizers, and golfer
in a teenager's suit after she was hit with a golf ball. Today's decision also expanded language from a previous ruling
involving the duty to prevent injury to sports participants to now include sporting event volunteers.
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February 9, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals resolved an issue of first impression today: what is needed to be deemed "adequate writing"
under the Telecommunications Act of 1996.
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February 8, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed as to whether a company's attempt to exercise its option to repurchase
stock had occurred in a timely manner under a shareholders' agreement.
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February 3, 2010
Jennifer NelsonThe Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the
servicing parties needed to do more to ensure the recipients actually get notice.
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January 29, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges agreed that two insurance companies are entitled to summary judgment, but the judges
disagreed as to why the insurers owed no duty to defend.
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January 28, 2010
Jennifer NelsonA LaPorte Superior judge made an impermissible modification to a divorced couple's settlement agreement by giving
the bank's lien on the family farm priority over the ex-wife's lien, the Indiana Supreme Court ruled today.
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.