Real Estate/Construction
Surety not obligated to pay bond to subcontractor
May 11, 2012
Jennifer NelsonA company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from
a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.
MoreCOA affirms use of equitable subrogation
April 30, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the trial court’s decision to award title over a disputed piece of property, but
reversed regarding the order the defendant pay the plaintiff’s attorney fees.
MoreImportance of contracts in construction
April 25, 2012
Jenny MontgomeryA construction management company was found not liable by the Indiana Supreme Court for a subcontractor's injury.
More2 cases prompt new real estate law
April 25, 2012
Jenny MontgomeryIndiana court opinions influence new foreclosure statute and amendment.
MoreJustices accept 1 case, deny 9
April 16, 2012
The Indiana Supreme Court has agreed to hear a first impression case concerning whether a mortgagee on record had an enforceable
right under the mortgage.
MoreAppellate court dismisses small claims venue case
April 5, 2012
Michael HoskinsThe Indiana Court of Appeals has determined that a small claims venue question is not on the list of authorized interlocutory
appeals, so it dismissed a case arising out of southern Indiana.
MorePanel disagrees on foreclosure settlement resolution
April 5, 2012
Michael HoskinsThe Indiana Court of Appeals has ruled that federal law and housing regulations require that deeds in lieu of foreclosure
release the borrower from any mortgage obligation, and the mortgage company issuing an agreement can use that federal language
in the contract.
MoreCOA affirms judgment in favor of contractor in bid dispute
March 29, 2012
Jennifer NelsonThe Indiana Court of Appeals has found that a school corporation seeking bids for renovations did not acquire the right to
enforce a construction company’s mistaken bid.
MoreLaw professor tapped to tackle vacant property issues
February 29, 2012
IL StaffNotre Dame Law School professor James Kelly will co-chair a task force with South Bend Mayor Pete Buttigieg that will look
at ways to address the problems created by the city’s vacant and abandoned properties.
MoreCourt properly preserved home habitability claim
February 27, 2012
Michael HoskinsThe Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction
company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred,
leading to loss of habitability.
MoreCourt upholds summary judgment in favor of New Castle
January 11, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed that a contractor and insurance company owe the city of New Castle more than $900,000
in damages and attorney fees for breaching a construction contract.
MoreAppeals court sides with estate of contractor killed on the job
December 19, 2011
Jenny MontgomeryThe Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained
a fatal injury.
MoreTax Court rules on inheritance tax valuation
November 22, 2011
Michael HoskinsThe Indiana Tax Court has rejected an estate’s attempt to sidestep trial rules by allowing verified tax returns to stand
in for affidavits in determining a property’s fair market value.
MoreOSHA postpones enforcement
November 9, 2011
Jenny MontgomeryThe Occupational Safety and Health Administration previously announced it would begin enforcing fall protection plans for
residential contractors as of Oct. 1 this year. However, on Sept. 29, Jeffry Carter, deputy commissioner of labor for Indiana
OSHA, issued a memo that said federal OSHA administrators decided to push back enforcement to March 15, 2012.
MoreTax Court denies assessor's motion to dismiss appeal
November 2, 2011
Jennifer NelsonIndiana Tax Judge Martha Wentworth denied the Marion County assessor’s motion to dismiss two petitioners' original
tax appeal, finding the parties properly served a copy of the petition with the attorney general’s office.
MorePlea reached in first-ever common construction wage prosecution
October 28, 2011
IL StaffThe Marion County Prosecutor’s Office has reached a plea agreement in a common construction wage violation involving
an Indianapolis contractor, believed to be the first prosecution of this kind in Indiana.
MoreFall protection mandatory for residential jobs
September 14, 2011
Jenny MontgomeryOn Oct. 1, the Occupational Health and Safety Administration will begin enforcing fall protection plans for residential contractors.
The regulations have long applied to commercial construction, but this year marks the first that OSHA will begin requiring
residential contractors to exercise the same level of caution when employees are working more than six feet above the ground.
MoreConstructing contracts for safety
September 14, 2011
Michael HoskinsIndiana Supreme Court case examines construction manager's liability.
MoreCOA rules paying penalty doesn't nullify appeal
August 16, 2011
Michael HoskinsThe Indiana Court of Appeals has ruled on an issue that has not directly been addressed by statute or caselaw, holding that
paying a civil penalty to stop a tax sale of property doesn’t cancel out an appeal questioning that assessment’s
validity.
MoreCOA sides with Live Nation in naming dispute
August 16, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed the trial court’s dismissal of the Murat Temple Association’s claim
that Live Nation Worldwide violated terms of its lease agreement.
MoreJudges reverse ruling mechanic's lien has priority over mortgages
August 5, 2011
Jennifer NelsonThe Indiana Court of Appeals ruled there was no reason for a trial judge to disregard the state’s priority statutes
regarding liens and mortgages and find that a construction company’s mechanic’s lien has priority over previously
recorded mortgages.
MoreLegally preserving history
April 27, 2011
Michael HoskinsReal estate, property negligence, and zoning laws are often utilized to preserve, restore, or protect sites having historic
significance.
MoreCourt divided on purchase agreement termination
February 24, 2011
Jennifer NelsonThe judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund
a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.
MoreJudges reverse summary judgment for agent, partner
February 21, 2011
Jennifer NelsonA case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question
without the aid of previous interpretations because of a lack of previous caselaw interpreting them.
MoreJudges affirm judgment for real estate agent on negligence claim
February 4, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers
when he communicated with them personally about accepting his clients’ offer.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.