Courts

Litigant misses trial court’s SHOUTING

July 28, 2015
Marilyn Odendahl
An Indiana man disputing with an Indiana law firm over the collection of his credit card debt was reminded by the 7th Circuit Court of Appeals that capital letters included in a court order should not be ignored.
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Material alteration of terms sufficient for dismissal of foreclosure

July 28, 2015
Dave Stafford
A trial court properly ruled against a financial institution in a mortgage foreclosure action because terms of the surety’s contract were materially altered over time, the Indiana Court of Appeals ruled Tuesday.
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State must pay legal fees in unclaimed property appeal

July 24, 2015
Dave Stafford
A woman who previously won a federal lawsuit arguing she was entitled to interest on unclaimed property held by the Indiana attorney general’s office also won her claim that the state should pay her legal fees for her initial appeal.
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Unsupported search warrant voids drug conviction

July 24, 2015
Dave Stafford
The Indiana Court of Appeals Friday threw out a man’s cocaine dealing conviction, holding that a search warrant that led to charges against him should not have been issued.
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Hamilton County e-filing begins next week

July 24, 2015
IL Staff
Most new civil cases in Hamilton Circuit and Superior courts may be e-filed for the first time beginning July 29, and state courts will continue to announce online the schedules for other counties to switch to e-filing.
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Former HHGregg manager wins class-action suit over bonuses

July 22, 2015
Scott Olson, IBJ Staff
A former HHGregg Inc. manager has won his lawsuit charging that the company failed to pay incentive bonuses after reaching certain financial goals.
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Supreme Court disbars suspended Fort Wayne lawyer

July 21, 2015
Dave Stafford
A Fort Wayne lawyer’s latest disciplinary matter resulted in his disbarment for taking $8,725 from clients he represented in a bankruptcy case.
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COA: Petitioner entitled to tax deed after completing all steps

July 21, 2015
Dave Stafford
An entity that bought two properties at a tax sale fulfilled all the requisite steps to acquire ownership of the parcels, the Indiana Court of Appeals ruled, rejecting an appeal from the trust that previously owned the properties.
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Gender gap persists among lead trial counsel

July 21, 2015
 Bloomberg News
When it comes to lead trial counsel, a recent American Bar Association Study reveals that the gender divide shows no signs of going away.
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Dose of chlorine gas alone not enough to support diagnosis of respiratory illness

July 21, 2015
Marilyn Odendahl
A man who failed to produce an expert witness to link his respiratory ailment to a mishap at an amusement park will not be able to continue with his negligence claim.
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Justices take drug-buy sting appeal

July 21, 2015
Dave Stafford
The Indiana Supreme Court will review the conviction of a man arrested after authorities set up controlled cocaine purchases from him.
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Judge’s failure to address killers’ upbringings requires resentencing

July 21, 2015
Dave Stafford
Two men sentenced to life in prison for the 2000 murder of a 73-year-old nearly deaf Hammond gun store owner must be resentenced, the 7th Circuit Court of Appeals ruled Tuesday.
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Deaf courtroom spectator gets $124,500 settlement from state of Indiana

July 20, 2015
Marilyn Odendahl
A deaf Indiana man who was denied a sign-language interpreter in court has reached a $124,500 settlement with the state of Indiana.
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Involuntary commitment vacated for lack of evidence

July 20, 2015
Dave Stafford
An Indianapolis woman was improperly ordered committed for mental illness, but there was insufficient evidence she was gravely disabled, a panel of the Indiana Court of Appeals ruled Monday. The decision further emphasizes the need for clear and convincing evidence of grave disability to support a commitment.
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Reversal: Court wrongly required $1.1M bond in estate spat

July 20, 2015
Dave Stafford
A trial court wrongly ordered an heir to an estate to post a bond of more than $1.1 million for a claim he submitted as he sought to block the sale of the family farm.
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Supreme Court won't hear ex-Indiana elections chief appeal

July 17, 2015
 Associated Press
The Indiana Supreme Court has denied a request by former Secretary of State Charlie White that it review a state appeals court decision upholding his three felony convictions for voter fraud, theft and perjury.
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Altice selected to succeed Friedlander on Court of Appeals

July 17, 2015
Dave Stafford
Marion Superior Judge Robert R. Altice Jr. was named to the Indiana Court of Appeals Friday by Gov. Mike Pence.<
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Trial court had discretion in allowing hearsay statements into evidence

July 17, 2015
Marilyn Odendahl
A trial court, which excused two young girls from testifying against their abuser at trial and instead allowed their prior statements to be admitted into evidence, did not abuse its discretion, the Indiana Court of Appeals has ruled.
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Altice selected to succeed Friedlander on Court of Appeals

July 17, 2015
IL Staff
Marion Superior Judge Robert R. Altice Jr. has been named to the Indiana Court of Appeals, Gov. Mike Pence announced Friday.
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Reversal: Trial court erred in vacating agreed paternity order

July 16, 2015
Dave Stafford
A Hendricks County trial court erred by disregarding a mother and father’s agreed paternity order, the Indiana Court of Appeals ruled Thursday, sending the matter back to the trial court. The court affirmed a judgment against father to pay mother’s attorney fees.
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Court aid offered for non-English-speaking, pro se litigants

July 16, 2015
IL Staff
Court improvement grants of up to $50,000 are available to assist unrepresented litigants and those with limited English proficiency.
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City not liable for injury caused by pothole

July 16, 2015
Marilyn Odendahl
The Indiana Court of Appeals split over the extent of governmental immunity after a woman who broke her leg crossing the street sued the city of Beech Grove for negligence.
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Tax Court: IndyGo appeal of $800,000 budget cut may proceed

July 16, 2015
Dave Stafford
IndyGo received the green light to proceed with a Tax Court appeal of about $800,000 in budget cuts the state ordered for the public transportation service in 2012.
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Next same-sex marriage fight could center on benefits

July 15, 2015
Marilyn Odendahl
In Indiana, some large companies have expanded their domestic partner benefit packages to include same- and opposite-sex couples.
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Examiners’ testimony about hair analysis being questioned

July 15, 2015
Marilyn Odendahl
The announcement earlier this year of concerns surrounding the FBI’s analysis of hair samples put forensic disciplines into the spotlight again and raised questions about reliability and validity of such evidence.
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