Legal News

COA: Uninsured man can negotiate hospital bills

March 14, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision the state’s Hospital Lien Act allows an uninsured hospital patient to negotiate the terms of his contract with the hospital after a man was charged more than $600,000 for a nearly three-month stay.
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Disability denial reversed due to 'fatally weak testimony'

March 14, 2016
Dave Stafford
The latest in a string of appeals critical of the denial of Social Security disability benefits resulted in reversal of a ruling against the worker Monday. The 7th Circuit Court of Appeals held the district court's ruling affirming denial of benefits was “not a reasonable analysis of the plaintiff's claim.”
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GOP launches campaign to oppose Obama Supreme Court pick

March 14, 2016
 Associated Press
The Republican Party is launching a campaign to try to derail President Barack Obama's nominee to the Supreme Court, teaming up with a conservative opposition research group to target vulnerable Democrats and impugn whomever Obama picks.
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Indiana Tech clears accreditation hurdle

March 14, 2016
Marilyn Odendahl
Indiana Tech Law School has been granted provisional accreditation, just months ahead of the graduation of its first class.
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Handyman charged in slayings of Lake County woman, daughter

March 14, 2016
 Associated Press
Authorities investigating the January slayings of a Lake County woman and her adult daughter have charged a handyman who had worked for the victims in connection with their strangulation deaths.
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Attorneys argue over whether to split 2 murder cases

March 14, 2016
 Associated Press
A judge has delayed ruling on whether to separate two murder cases faced by an Indiana man who has confessed to killing seven women.
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Indiana Supreme Court nomination letter sent to Pence

March 14, 2016
Marilyn Odendahl
Indiana Chief Justice Loretta Rush sent a letter March 11 describing the three nominees for the state Supreme Court to Gov. Mike Pence.
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COA rules in favor of IHSAA in basketball fight

March 11, 2016
Scott Roberts
The Indiana Court of Appeals reversed a preliminary injunction against the Indiana High School Athletic Association in a case involving a fight between Griffith and Hammond High Schools last year that allowed both schools to participate in the IHSAA tournament. The COA said the trial court improperly added its own judgment and remanded the case to the trial court for further proceedings.
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Northwestern Indiana man convicted of wife's shooting death

March 11, 2016
 Associated Press
Jurors in northwestern Indiana have convicted a Porter County man of fatally shooting his wife in the head.
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Pork producer wins final suit over Indiana swine farms

March 11, 2016
 Associated Press
The nation's 11th largest pork producer has claimed victory after seven years of litigation over an influx of industrial swine farms in east central Indiana.
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Wife to receive more in divorce settlement

March 11, 2016
Scott Roberts
A wife will get around $116,000 more in a divorce settlement after the Indiana Court of Appeals found the trial court erred in applying the coverture fraction formula to the husband’s retirement accounts.
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COA overturns trust validity case

March 10, 2016
Scott Roberts
A redacted copy of a living trust did not stop a woman from challenging and winning her charge that a trial court improperly dismissed her complaint contesting validity of the trust.
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Woman’s self-improvement efforts not enough to change sentence

March 10, 2016
Scott Roberts
The Indiana Court of Appeals upheld a woman’s 36-month sentence for theft after it found the self-improvements she made were not enough to justify a lesser sentence.
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Bad publicity not enough to justify preliminary injunction

March 10, 2016
Scott Roberts
The Indiana Court of Appeals denied a doctor’s motion for preliminary injunction after it found he did not present enough evidence to justify it because he did not let the disciplinary process at his hospital play out.
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Denial of jury instruction was correct, COA rules

March 10, 2016
Scott Roberts
The Indiana Court of Appeals said a trial court was right in denying a man’s jury instruction that would have applied mens rea to every element of aggravated battery, saying the severity of an injury is not an element of prohibited conduct, but a result of it.
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Failing to deliver car titles brings lawsuits from attorney general

March 10, 2016
Marilyn Odendahl
Four out-of-business auto dealerships and their owners are the target of lawsuits filed by the Indiana attorney general for violating the state’s Deceptive Consumer Sales Act.
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Jury selection scheduled in killing of Gary police officer

March 10, 2016
 Associated Press
Jury selection has been scheduled to begin in January in the trial of a man accused of killing of a Gary police officer.
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ADEA does not apply to company who fired 61-year-old employee

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed summary judgment for New Holland Logansport in a wrongful termination suit after it found the company did not meet the definition of employer under the Age Discrimination in Employment Act.
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7th Circuit: Plea agreement not breached by government

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals said the government did not breach its plea agreement with a defendant by introducing more victims than were mentioned in the agreement and therefore dismissed his appeal.
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Man has to pay back money despite court errors

March 9, 2016
The Indiana Court of Appeals ruled a man must pay back $19,486 he stole from another man despite court errors and the fact that the 10-year statute of limitations had expired.
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Senator: Jordan withdraws name for Supreme Court

March 9, 2016
 Associated Press
A federal appeals court judge who could have become the U.S. Supreme Court's first Cuban-American justice has withdrawn his name from consideration, a Democratic senator said Wednesday.
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COA denies expungement after man admitted to committing crime

March 9, 2016
Scott Roberts
The fact that a man admitted to committing a crime was enough to deny expungement of his records, the Indiana Court of Appeals said, despite the fact he was not convicted of one during his expungement time period.
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Dickson’s final argument set for historic Corydon courtroom

March 9, 2016
IL Staff
In an event celebrating the state’s bicentennial, the Indiana Supreme Court announced Wednesday it will travel to Corydon on April 20 for an oral argument in the original Supreme Court Courtroom.
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7th Circuit: cousins conspired to sell heroin; another gets new trial

March 9, 2016
Scott Roberts
The 7th Circuit Court of Appeals said two cousins conspired to distribute heroin, despite the claim from the defendants they were running separate heroin businesses.
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Judge’s sentencing process does not violate due process

March 9, 2016
Scott Roberts
The United States 7th Circuit Court of Appeals ruled a judge’s process to sentence a man who pleaded guilty to possession of cocaine did not violate the Fifth Amendment Due Process Clause, and may even be a process to be emulated by other judges in the future.
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