Civil case

COA rules on 'In God We Trust' plate suit

November 17, 2008
Jennifer Nelson
Not charging an administrative fee for Indiana's "In Got We Trust" license plates doesn't violate the state constitution, affirmed the Indiana Court of Appeals today in an unpublished decision.
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COA voids Terre Haute's 2007 mayoral election

November 13, 2008
Michael Hoskins
The man elected Terre Haute's mayor was ineligible because of federal law to become a candidate or assume office, the Indiana Court of Appeals ruled today on an issue of first impression. As a result, a special election is needed to fill the vacancy.
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Dad not in contempt for failure to pay full support

October 29, 2008
Jennifer Nelson
The Indiana Court of Appeals agreed a man was not in contempt for failing to pay child support ordered by a Florida court even though the Indiana trial court enforced his obligation for less than the amount ordered in Florida.
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Court finds fax to be a contract

October 24, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.
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1st pro bono appeals program case gets transfer

October 17, 2008
Jennifer Nelson
The Indiana Supreme Court granted has granted transfer to two cases, including the first case from the Indiana State Bar Association's pro bono appellate program.
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COA opts for judicial restraint

October 16, 2008
Michael Hoskins
The Indiana Court of Appeals has opted for judicial restraint in not deciding whether state statutes involving the Commerce Clause and the use of clean coal technology are unconstitutional.
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Forfeiture of money to FBI allowed

October 1, 2008
Jennifer Nelson
A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.
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Court: Evidence shows car was a gift

September 18, 2008
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals agreed with the trial court that a husband gave his wife a car as a gift, despite registering the title in both his name and his wife's name.
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Owners responsible for delinquent sewer fees

September 17, 2008
Jennifer Nelson
In a ruling that will affect property owners across the state, the Indiana Supreme Court today held property owners are ultimately responsible for the delinquent sewer bills of their tenants.
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Adult son could file paternity, support petition

August 21, 2008
Jennifer Nelson
A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.
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7th Circuit affirms, reverses wine rulingRestricted Content

August 8, 2008
Michael Hoskins
The 7th Circuit Court of Appeals has recognized Indiana's interest in keeping wine out of minors' hands, ruling that Hoosiers who want to order alcohol online or by phone will have to first make face-to-face contact at a winery to verify their age before being allowed to make the purchase.
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7th Circuit rules on FMLA caseRestricted Content

July 14, 2008
Michael Hoskins
The 7th Circuit Court of Appeals has reversed a medical-leave decision from an Indianapolis judge who's since joined that appellate bench.
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Worker's comp claim bars med mal complaintRestricted Content

June 18, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a hospital's motion to dismiss a medical malpractice complaint because the claimant, who was employed by the hospital and on duty at the time of the injury, could only file a complaint against the employer under the Worker's Compensation Act.
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7th Circuit affirms in questionable merger case

May 1, 2008
Jennifer Nelson
The judges of the 7th Circuit Court of Appeals took a plaintiff to task for filing a frivolous appeal and evading regulations of the Securities Act of 1933.
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7th Circuit affirms arbitration awardRestricted Content

January 22, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a District Court's confirmation of an arbitration award, but it denied the plaintiff recovery of attorney fees and costs because he will be reimbursed those under the terms of the arbitration agreement.
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7th Circuit rules on IUPUI discrimination caseRestricted Content

December 14, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals vacated one grant of summary judgment and affirmed another in favor of Indiana University-Purdue University Indianapolis in a discrimination suit.
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Venue transfer hinges on type of organization

November 14, 2007
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion to change venues because the Indiana High School Athletic Association didn't meet its burden as a governmental organization needed under Indiana Trial Rule 75 to affirm the motion.
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7th Circuit rules on debtor issuesRestricted Content

October 23, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals handed down a decision today addressing issues that have frequently arisen under the Fair Debt Collection Practices Act, which have caused some splits at the Circuit level.
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7th Circuit affirms crime-lab rulingRestricted Content

October 16, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a District Court's decision of summary judgment in favor of Indianapolis and Marion County in an appeal filed by a former employee of the county's Forensic Services Agency, or Crime Lab.
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7th Circuit issues U.S. Grand Prix rulingRestricted Content

May 25, 2007
Michael Hoskins
Race fans have a reason to watch the 7th Circuit Court of Appeals today.
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7th Circuit shoots down Homeland Security decisionRestricted Content

April 11, 2007
Michael Hoskins
he Department of Homeland Security wrongly second-guessed the federal labor department in denying an application by a mental health residential care group - Hoosier Care Inc. - asking for labor certification and immigrant visas for two Filipinos, the 7th Circuit Court of Appeals ruled today.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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