January 15, 2010
Michael HoskinsEven if a court rule is no longer relevant and an underlying state statute has been removed from the books, the Indiana Supreme
Court says it still applies and must be followed until the justices revisit it themselves or say otherwise.
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January 14, 2010
Jennifer NelsonThe Indiana Court of Appeals ruled on a guaranty issue today that is "so well-settled" in state law that the judges
had difficulty finding recent cases restating it.
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January 13, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing
company, but those fees must be capped at $1,500.
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January 12, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed summary judgment for a stone company after finding a woman couldn't prove the
company knew she was pregnant when it decided to relocate her to another office.
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January 12, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment for a company that purchases and collects charged-off credit card debt,
ruling the statute of limitations prevented the company from going after a delinquent consumer.
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January 7, 2010
Jennifer NelsonA Grant Superior judge erred in sentencing a man to register as a sex offender because that requirement wasn't in place
at the time he committed his crime, the Indiana Supreme Court ruled.
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January 6, 2010
Jennifer NelsonA finding that a child is in need of services only establishes the status of the child and means the child is a CHINS even
if one parent isn't involved in the reasons for the determination, the Indiana Supreme Court ruled today
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January 5, 2010
Jennifer NelsonEven though a couple had originally filed their tax appeal within the 45-day deadline, the Indiana Tax Court still dismissed
their appeal because their reformatted documents and notice of intent to appeal weren't filed until after the deadline.
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December 30, 2009
Jennifer NelsonThe contingent fee contract a law firm entered into with a city regarding a sewer fee dispute, which ultimately led to the
firm collecting nearly 10 times more than the city anticipated, was valid and reasonable, the Indiana Court of Appeals affirmed
today.
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December 30, 2009
Jennifer NelsonA construction company's attempt to cast itself in the same class of professionals as attorneys or architects was rejected
by the Indiana Court of Appeals today. The appellate court upheld on interlocutory appeal the denial of the company's
motion for summary judgment in a breach of contract complaint.
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December 22, 2009
Jennifer NelsonA firefighter shouldn't have been fired for his e-mail commenting on the financial situation of the township's fire
department because the e-mail didn't impact the effectiveness of the department, the Indiana Court of Appeals ruled
today.
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December 21, 2009
Michael HoskinsThe Indiana Supreme Court has held that police don't have to verify whether the description of someone driving a vehicle
matches the physical description of the registered owner obtained from a license plate check.
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December 18, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled a department store has no rights derived from letters of credit between a bank and the
man developing the site for a new store location.
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December 18, 2009
Jennifer NelsonThe city of Indianapolis' refusal to grant some homeowners' requests for a partial refund of Barrett Law assessments
violated the Equal Protection Clause, the Indiana Court of Appeals ruled today.
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December 17, 2009
Jennifer NelsonTwo sex offenders serving or who had completed their 10-year registration period shouldn't have been required to re-register
for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.
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December 15, 2009
Jennifer NelsonThe "fireman's rule" doesn't allow a professional emergency responder to file a claim for the negligence
that creates the emergency to which he or she responds, the Indiana Supreme Court upheld today. As a result of its ruling,
the high court unanimously ruled a police officer's complaint against an adult showclub must be dismissed.
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December 15, 2009
Jennifer NelsonThe use of excessive force is not conduct immunized under section 3(8) of the Indiana Tort Claims Act, the Indiana Court of
Appeals ruled today.
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December 15, 2009
Jennifer NelsonThe Indiana Court of Appeals split today in deciding whether the city of South Bend should have known putting heavy machinery
on an unstable sidewalk would create an unreasonable risk of harm to a brick restorer.
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December 15, 2009
Jennifer NelsonBecause of a trial judge's statements following the conviction of a man for having a gun in a controlled area of an airport,
the Indiana Court of Appeals reversed the conviction for insufficient evidence.
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December 14, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a man's convictions of child molesting because it agreed the victim's recantation
of the allegations weren't worthy of credit.
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December 10, 2009
Jennifer NelsonThe Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In
doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.
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December 10, 2009
Jennifer NelsonAlthough the Indiana Tax Court had the opportunity to address an issue of first impression, it decided to save its analysis
of the issue for another day because the case could be resolved on other grounds.
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December 9, 2009
Jennifer NelsonThe Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted
rape of another woman shouldn't have been admitted at trial.
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December 9, 2009
Jennifer NelsonThe Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's
appeal - either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule
2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to
his claim.
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December 8, 2009
Jennifer NelsonPotential plaintiffs who want to join a class action suit seeking redress under the state's Wage Claims Statute must first
submit a claim to the Indiana Department of Labor, the Indiana Court of Appeals upheld today.
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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.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!