Courts

Justices take appeal from HHGregg managers denied bonus proceeds

January 24, 2017
Dave Stafford
The Indiana Supreme Court will hear a case weighing whether HHGregg senior managers are entitled to share in $40 million worth of life insurance proceeds from the 2012 death of then-executive chairman of the board Jerry Throgmartin.
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Judson honored with award for court administration

January 24, 2017
Olivia Covington
Former Indiana state court administrator Lilia Judson has been honored with an award recognizing her commitment to the administration of justice throughout the Indiana judiciary.
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Barker rules ballot photo ban unconstitutional

January 24, 2017
Olivia Covington
An Indiana law prohibiting voters from taking photos of their ballots for personal use is an unconstitutional violation of First Amendment rights, a district court judge has decided.
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Statehouse bills would bulk up judiciary in 3 counties

January 24, 2017
Marilyn Odendahl
Courts in Clark and Shelby counties are gaining support for their requests for additional judicial officers.
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House hearing set for Marion County judicial selection bill

January 24, 2017
IL Staff
An Indiana House committee will hear a bill Wednesday that would institute a new system for selecting the 36 judges of Marion Superior Court but would retain the partisan balance on the court that was a key element of the former system invalidated by a federal court.
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COA: Company cannot withhold ‘voluntary’ deductions from ex-employee's pay

January 23, 2017
Olivia Covington
A plumbing and electrical company cannot impose “voluntary” tax deductions on a former employee’s final paycheck without statutory authority, nor can it force that employee to pay a $1,000 insurance deductible after an auto accident, the Indiana Court of Appeals held Monday.
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Court allows release of juvenile offender ID for HIV study

January 23, 2017
IL Staff
The Indiana Supreme Court has approved the release of identifying information of young offenders in juvenile courts, including full names and partial social security numbers, as part of a scholarly study into health care utilization and quality for juvenile offenders.
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COA: Trial court lacked jurisdiction to order BMV to act

January 23, 2017
Olivia Covington
The Indiana Court of Appeals found in favor of the Indiana Bureau of Motor Vehicles Monday after finding that a litigant’s failure to comply with the Administrative Order and Procedures Act left a trial court without jurisdiction to order the BMV to act on the litigant’s petition.
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Lawsuit: Trump businesses violate Constitution

January 23, 2017
 Associated Press
A lawsuit Monday alleged that President Donald Trump is violating the emoluments clause of the US Constitution that prohibits him from receiving money from diplomats for stays at his hotels or foreign governments for leases of office space in his buildings. The suit was filed by a legal watchdog group, but the language of the clause is disputed by some legal scholars, setting the stage for a court fight with the White House.
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Supreme Court rejects Texas appeal over voter ID law

January 23, 2017
 Associated Press
The Supreme Court of the United States on Monday rejected an appeal from Texas in its effort to restore its strict voter identification law, but the case could return to the court later.
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High court won’t hear ‘Sister Wives’ appeal over bigamy law

January 23, 2017
 Associated Press
The Supreme Court said Monday it won’t hear an appeal from the family on TV’s “Sister Wives” challenging Utah's law banning polygamy.
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Sexual assault nurse’s testimony qualifies under medical hearsay exceptions

January 20, 2017
Olivia Covington
A Huntington County man who molested his young relative cannot challenge the admission of the testimony of the nurse who examined the victim because the testimony qualified under the medical treatment exception to hearsay rules, the Indiana Court of Appeals decided.
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IMPD officer was qualified as an expert in stalking case

January 20, 2017
Olivia Covington
An Indianapolis Metropolitan Police Department sergeant was qualified as an expert to testify about Facebook records and digital trails that led to a man’s multiple convictions for felony stalking, the Indiana Court of Appeals decided Friday.
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Oakes to preside over Marion Superior Executive Committee

January 20, 2017
IL Staff
Marion Superior Civil Division 2 Judge Tim Oakes has been elected the presiding judge of the Marion Superior Executive Committee, which oversees the operation and conduct of the court.
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COA overturns judgment in favor of credit card debt collector

January 20, 2017
Olivia Covington
The Indiana Court of Appeals has reversed judgment in favor of a credit card debt collector after determining that the collector failed to establish that it owned the account it was trying to collect on.
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Foreclosure suit alleges landscaping firm affiliate owes more than $6M on loan

January 20, 2017
Scott Olson, IBJ Staff
An affiliate of Indiana landscaping firm Mainscape Inc. has been hit with a foreclosure lawsuit claiming it owes more than $6 million on a building it owns in Indianapolis.
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Former COO of health firm claims discrimination in firing

January 20, 2017
John Russell, IBJ Staff
A former executive at an Indianapolis-based chain of health clinics says he was fired because of his age, race and national origin, and in retaliation because he stood up for one of his female managers.
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Retiring Rucker says he’s no trailblazer, but urges diversity on court

January 19, 2017
Dave Stafford
As the first African-American to serve on the Indiana Court of Appeals and just the second on the Indiana Supreme Court, retiring Justice Robert Rucker said he doesn’t think of himself as a trailblazer, but he said it’s important the state’s high court look like the population of the state.
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Federal court expected to block Anthem-Cigna deal, report says

January 19, 2017
IBJ Staff
Anthem Inc. on Thursday said it was extending the termination date for its pending $54 billion merger with Cigna Corp.—a deal that is expected to be blocked by a federal judge, according to a new media report.
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Statute of limitations bars medical negligence case

January 19, 2017
Olivia Covington
After a dermatology appointment left a Marion County woman with facial discoloration that never went away as her doctor said it would, the woman sought damages in a negligence complaint. However, because she failed to prove that she “later learned” that her injury was worse than she thought, the Indiana Court of Appeals held that the woman’s claim cannot proceed in court because it was not timely filed.
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COA: Only property owned prior to final separation can be included in marital pot

January 19, 2017
Olivia Covington
Only property that is owned or acquired before the date a dissolution petition is filed in a divorce proceeding can be included in the marital pot, the Indiana Court of Appeals found Thursday in an opinion that overturned a lower court’s decision to include stock options vested after the date of a couple’s final separation in the marital pot.
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COA: Exigent circumstances justified warrantless search

January 19, 2017
Olivia Covington
An Indiana State Police detective did not violate a man’s constitutional rights when he searched a bag in the man’s vehicle without a warrant because there were exigent circumstances that made the warrantless search reasonable, the Indiana Court of Appeals held Thursday.
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Justices seek to define ‘indisputably’ in K-9 case

January 19, 2017
Olivia Covington
After leading South Bend police officers on a five-minute vehicular chase through city streets, Royce Love eventually stopped his van and was ordered to exit it. Love’s account of what happened next varies significantly from the officers’ account, and that disparity was the main issue the justices of the Indiana Supreme Court sought to resolve when they heard arguments in the case Thursday.
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Rush touts pro bono, partnerships in State of Judiciary

January 18, 2017
Olivia Covington
More than 7,000 Indiana attorneys donated more than 220,000 hours of pro bono service to Hoosiers in need last year, numbers Indiana Supreme Court Chief Justice Loretta Rush said reflect the state judiciary’s commitment to a collaborative approach to the practice of law.
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COA rejects woman’s claim that accident occurred outside chemical test period

January 18, 2017
A woman who drove drunk into a mobile home causing significant damage lost her appeal Wednesday after arguing the state’s blood draw occurred outside the three-hour window under statute and thus did not prove her blood alcohol level at the time of the accident.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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