March 2, 2009
Jennifer NelsonAlthough tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank
that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the
bank acted in good faith.
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February 27, 2009
Michael HoskinsAs a federal magistrate judge puts it, "All good things must come to an end."
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February 20, 2009
Jennifer NelsonIn an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana
Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.
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February 19, 2009
Michael HoskinsState statute clearly allows grandparent visitation to survive a child's adoption by another biological grandparent, the
Indiana Court of Appeals has ruled.
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February 17, 2009
Jennifer NelsonA former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief,
the Indiana Court of Appeals ruled today.
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February 16, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a judgment in favor of one of the owners of a dissolved LLC, finding the trial court
erred when it entered judgment against the other owner personally without ordering an outside accounting of the company's
finances.
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February 13, 2009
Jennifer NelsonAfter delving into the history of caselaw involving Indiana's Fireman's Rule, the Indiana Court of Appeals determined
a couple's complaint against an Indianapolis strip club is barred by the rule.
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February 12, 2009
Jennifer MehalikThe Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm
in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial
court granted the award.
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February 11, 2009
Jennifer MehalikThe Indiana Court of Appeals reversed and remanded a trial court's grant of an ex-wife's petition for additional relief
for funds, finding the trial court didn't hear evidence on certain "critical" factors. The judges on appeal
didn't agree as to whether the case should be remanded.
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February 6, 2009
Jennifer Nelsonhe Indiana Court of Appeals affirmed summary judgment today in favor of engineering and construction companies in a lawsuit
filed by a central Indiana library, finding the economic-loss doctrine bars the library's negligence claims against the
companies.
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February 4, 2009
Jennifer NelsonA Southern District magistrate judge has decided a letter between the city of Madison's mayor and city attorney isn't
protected by attorney-client privilege in a civil action seeking damages over strip searches of three women.
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February 3, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals reversed summary judgment in favor of police officers in a man's civil suit, finding
the man may have Fourth and Fifth Amendment claims against them.
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January 30, 2009
Jennifer NelsonIn two separate opinions, the Indiana Court of Appeals tackled the issue of timely and complete filing of an agency record.
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January 29, 2009
Jennifer NelsonThe Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall
under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound
by the high court's previous ruling.
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January 29, 2009
Jennifer NelsonThe Indiana Court of Appeals used a case before it as an opportunity to clarify how an employee's eligibility for unemployment
benefits should be determined when the employee is discharged for attendance issues.
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January 28, 2009
Michael HoskinsAttorneys opening new civil cases in Lake County should note that a new random filing system is being put in place, a plan
described as the most extensive use of this in the county's history.
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January 27, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure;
however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
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January 22, 2009
Michael HoskinsLandlords must refund a security deposit and can't get money back for property damage if they don't adequately or
timely notify tenants about those claims, but landlords can still recover unpaid rent and other losses, the Indiana Supreme
Court ruled today.
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January 12, 2009
Jennifer NelsonThe Court of Appeals affirmed summary judgment in favor of a confined feeding operation in a dispute between the dairy farm
and its neighbor over a tract of land and the impact of the farm on the neighbor's property.
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December 30, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding
the court misinterpreted a previous appellate ruling to support the dismissal.
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December 29, 2008
Jennifer NelsonThe Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce
rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
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December 29, 2008
Jennifer NelsonThe Indiana Supreme Court tackled the issue of the interaction of the statute of limitations provision under the state's
Wrongful Death Act and the statute of limitations provision for an underlying substantive tort claim in two opinions released
Dec. 24.
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December 24, 2008
Michael HoskinsOne of Indiana's most well-known pro se prisoner litigants continues to be a subject for the state's appellate courts.
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December 23, 2008
Michael HoskinsThe Indiana Supreme Court says the state's two-decade old law on pre-recorded, autodialed calls isn't limited to those
placed to consumers with commercial messages. But justices stopped short of deciding how the law applies to political messages,
leaving that question for another day.
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December 19, 2008
Jennifer NelsonThe Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord,
but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the
amount was insufficient.
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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.