Civil case

Judge awards $42 million in back pay suit

July 28, 2009
Michael Hoskins
A Marion Superior judge is awarding more than $42.4 million to a class of thousands of former state employees who sued to recover back pay for unequal wages earned between 1973 and 1993.
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COA rules on coal bed gas dispute

July 24, 2009
Jennifer Nelson
In settling a dispute between two Illinois companies regarding who has the legal right to recover coal bed methane gas, the Indiana Court of Appeals made its decision based on public safety and ruled in favor of the company assigned the coal bed gas lease.
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COA declines ruling on constitutionality of plan

July 22, 2009
Jennifer Nelson
The Indiana Court of Appeals declined to address the constitutionality of a Department of Correction program for sex offenders based on the deficient record before it and because the appellate court could decide the case without ruling on the constitutionality of the program.
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Alarm company's actions not covered by policies

July 21, 2009
Jennifer Nelson
The Indiana Supreme Court reversed the denial of summary judgment on an insurance company's coverage defenses, ruling its insured's actions leading to a lawsuit were "errors or omissions," and so weren't covered by the commercial general liability or umbrella policies.
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COA: Only deceased's parent can have visitation

July 20, 2009
Jennifer Nelson
A paternal grandmother whose son was convicted of manslaughter in the death of his child's mother doesn't have standing to petition for visitation with her grandchild under the Grandparent Visitation Act, the Indiana Court of Appeals ruled today.
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Judges: Town ordinance invalid

July 14, 2009
Jennifer Nelson
The Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the authority to collect the fee within its corporate limits.
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Township assessor loses appeal

July 13, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted a bill that eliminated her office and transferred her duties to the county assessor.
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Judges don't agree candidate is 'qualified'

July 10, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified" under the Indiana Constitution to take office because his election caused three members from the same school district to be on the board.
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COA: Rentals not restricted by covenants

July 9, 2009
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals determined today the rental of cabins in a subdivision was allowed under its restrictive covenants because the rental property was for "residential use."
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COA: Home isn't allowed in marital estate

July 8, 2009
Jennifer Nelson
Even though a trial court believed a wife's testimony that her in-laws' purposefully kept her from receiving any money from the sale of the marital residence in the event of a divorce, the lower court erred by including the residence in the marital estate, ruled the Indiana Court of Appeals.
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Federal judge OKs state's judicial canons

July 8, 2009
Michael Hoskins
A federal judge says the Indiana Supreme Court can regulate judicial speech through its cannons, and has ruled the existing rules do not violate a judge or judicial candidate's constitutional free speech or association rights.
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Court: daylight saving time not an issue

July 1, 2009
Michael Hoskins
A trial judge shouldn't have suppressed a drunk-driving breath test on grounds that a time change interfered with the prosecution, the Indiana Supreme Court ruled today on an issue of first impression.
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Man loses gender discrimination appeal

June 29, 2009
Michael Hoskins
A federal appellate panel has upheld a U.S. District judge's decision against a man who alleged he's the victim of gender discrimination for being fired from St. Francis Hospital on claims he accessed inappropriate Web sites while at work.
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High court rules on putative father adoption case

June 29, 2009
Michael Hoskins
The Indiana Supreme Court has ruled that a putative father who files a paternity action in a court other than the court in which the adoption case is pending meets statutory requirements and doesn't imply his permanent consent to that adoption.
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Court tackles scope of 'frivolous'

June 25, 2009
Jennifer Nelson
The Indiana Court of Appeals today used an inmate's appeal of the dismissal of his complaint to address the scope of the word "frivolous" in Indiana's Frivolous Claim Law. And even though this inmate has filed dozens of law suits since being incarcerated, it doesn't mean his suits can be automatically deemed frivolous by the trial courts.
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Judges rule on workers' comp billing issues

June 24, 2009
Michael Hoskins
Employers or their insurers - not health care providers - must prove when medical expenses for injured employees might be considered higher than what's allowed under the state's workers' compensation statute, according to the Indiana Court of Appeals.
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Court rules in favor of steel company in dispute

June 24, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed Tuesday the Indiana Utility Regulatory Commission's grant of summary judgment in favor of a steel production facility in a contract dispute involving a public utility.
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Judges differ on if 'property damage' occurred

June 23, 2009
Jennifer Nelson
A majority of Indiana Court of Appeals judges affirmed summary judgment in favor of a homebuilder's insurance provider, insurance broker, and subcontractor's insurer, ruling the damage to the homes wasn't "property damage" as covered by the insurance policies.
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Justices: Jury issues don't require new trial

June 18, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed a jury award in favor of a man accused of rape in a civil suit, ruling the jury didn't receive improper communications and the trial court didn't err in providing impasse assistance to the jury.
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Inmate loses 3 appeals

June 17, 2009
Jennifer Nelson
Eric D. Smith, the New Castle inmate with the propensity for filing pro se suits, lost three appeals today with the Indiana Court of Appeals.
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Justices: new Terre Haute election not needed

June 16, 2009
Michael Hoskins
A special election isn't needed to determine the rightful mayor of Terre Haute, the Indiana Supreme Court ruled today.
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Opinion explains use of supplemental evidence

June 15, 2009
Jennifer Nelson
In affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code Section 36-7-4-1009.
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Suit based on church-member letter may go on

June 10, 2009
Jennifer Nelson
A letter written by a church member and circulated through another member's work e-mail address contains some allegedly defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those statements, the Indiana Court of Appeals ruled today.
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Court doesn't order contempt sanctions on state

June 8, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals was presented with the question in an Indiana case of how much non-compliance of a consent decree involving Medicaid applications is needed before a District Court can impose civil contempt sanctions.
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Inmate's complaint dismissed again

June 4, 2009
Jennifer Nelson
An inmate's complaint, which led the Indiana Supreme Court to find the Three Strikes Law to be unconstitutional last year, was properly dismissed under the Frivolous Law Claim by the trial court on remand, the Indiana Court of Appeals ruled today.
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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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