Civil Case

Justices order trial on reasonable force issue

June 28, 2010
Jennifer Nelson
A law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme Court held today.
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7th Circuit: Insurer can challenge its duty to defend

June 22, 2010
Elizabeth Brockett
The 7th Circuit Court of Appeals has lifted a stay imposed by the District Court in Hammond on an insurer’s declaratory judgment action regarding coverage of a physician who skipped town instead of facing criminal charges and civil suits.
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COA: negligence claim should go to trial

June 18, 2010
Jennifer Nelson
The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.
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Court rules on liability in nursing home accident

June 10, 2010
Michael Hoskins
The Indiana Court of Appeals today turned to an issue that has been dealt with few times in state court history:

What happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident on the front porch before crashing into the building itself?
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Man's suit filed after all statutes of limitations

June 9, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed a Logansport resident has standing to sue his city over the operation and management of a city park, but that his suit is barred by statutes of limitations.
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Court sets drug-court termination requirements

May 28, 2010
Elizabeth Brockett
An Indiana Court of Appeals ruling today sets requirements for drug court terminations after a man’s participation was terminated without minimum due process.
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Justices rule on case about worker's compensation, damages

May 27, 2010
Michael Hoskins
Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining punitive damage awards.
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Attorneys say ruling confuses discovery regarding expert materials

May 26, 2010
Michael Hoskins
A liability lawsuit filed by the victims of a water-heater explosion a year after the May 2004 blast has erupted in its own metaphorical explosion of discovery disputes.
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Mom may be liable for daughter's accident

May 12, 2010
Jennifer Nelson
The Indiana Court of Appeals judges agreed that a mother may possibly be liable for her daughter’s accident in which she struck a pedestrian with her car after drinking and talking on her cell phone at the time of the accident. The judges didn’t completely agree as to why the mother may be liable.
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Trial court lacks jurisdiction in tax suit

April 27, 2010
Jennifer Nelson
The Indiana Tax Court is the proper venue for a suit filed by the state to recover an erroneous tax refund, the Indiana Court of Appeals affirmed today.
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COA upholds eviction action

April 26, 2010
Jennifer Nelson
A trial court properly treated a couple's action against the man who agreed to purchase a house from them as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of a pre-closing possession agreement like the one in the instant case.
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Judges reverse protection order

April 22, 2010
Jennifer Nelson
A protection order under Indiana Code Section 34-26-5 against a woman should not have been issued because there was no evidence of domestic violence, stalking or a sex offense as required by statute, the Indiana Court of Appeals ruled today.
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Full appeals court decides on IPAS case

April 22, 2010
Michael Hoskins
Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.
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Justices rule on casino land-ownership dispute

April 20, 2010
Michael Hoskins
A land-ownership dispute about an Ohio River riverboat-casino docking site is the subject of an Indiana Supreme Court ruling today, touching on land deeds from the 1800s and who had the right to use and give away ownership of less than an acre of land.
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Plaintiff loses federal challenges to voter ID law

April 19, 2010
Jennifer Nelson
A federal judge ruled against a Cumberland man in his federal challenge to Indiana's voter identification law, but did remand his pending state claims to a Marion Superior Court for consideration.
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Court: Medical record loss is negligence

April 16, 2010
Michael Hoskins
If a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.
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COA: Inmate must pay filing fees

April 14, 2010
Rebecca Berfanger
The Indiana Court of Appeals has ruled today on another case filed by a New Castle Correctional Facility inmate who had filed at least 50 civil actions.
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Ex-racer loses appeal on Porsche ownership

April 13, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the Indianapolis Motor Speedway Foundation's Hall of Fame Museum.
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FMLA leave doesn't accrue hours for benefits

April 2, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.
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Judges disagree on retroactive support issue

March 31, 2010
Jennifer Nelson
In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
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Judges rule on custody issues

March 30, 2010
Jennifer Nelson
When 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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COA rules against voting-systems company

March 29, 2010
Jennifer Nelson
The 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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Company not bound by defiant agent's actions

March 26, 2010
Jennifer Nelson
A 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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Judge dissents in eviction case

March 25, 2010
Jennifer Nelson
There 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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7th Circuit: expenses were capital expenditures

March 23, 2010
Jennifer Nelson
An 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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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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