Courts

Supreme Court: COA erred in custody decision

March 15, 2016
Scott Roberts
The Indiana Supreme Court went against the Indiana Court of Appeals when it agreed with the trial court that a mother’s motions for custody modification and for contempt should be denied.
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EEOC settles disability complaint against Subway franchisee

March 15, 2016
IBJ Staff
The operator of five Subway restaurants in the Indianapolis area has agreed to pay $50,000 to settle a discrimination suit brought by the U.S. Equal Employment Opportunity Commission.
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COA: Firm has no private cause of action to gain back fees

March 15, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision that denied HealthPort’s motion for judgment against Garrison Law Firm LLC after it found Garrison did not have a private cause of action under Indiana law or Administrative Code.
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Northern District case filings plummet, federal courts report shows

March 15, 2016
Dave Stafford
Case filings in the U.S. District Court for the Northern District of Indiana fell 43.9 percent between 2014 and 2015, according to statistics released Tuesday in the 2015 Judicial Business of the United States Courts report.
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Appeals court rules Notre Dame police subject to APRA

March 15, 2016
Scott Roberts
The Indiana Court of Appeals ruled Tuesday the University of Notre Dame Police Department is a public agency under the Indiana Access to Public Records Act and is subject to APRA requests, overturning a trial court decision in St. Joseph Superior Court.
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IBM case still pending as Indiana court awaits new justice

March 15, 2016
 Associated Press
The upcoming retirement of one of Indiana's Supreme Court justices has legal observers speculating on when the court might rule in a long-running dispute over IBM Corp.'s failed attempt to privatize Indiana's welfare services.
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Regulations coming for lawsuit funding industry

March 14, 2016
Marilyn Odendahl
In the final hours of the 2016 legislative session, the Indiana General Assembly arrived at a compromise which, for the first time, will regulate companies that fund plaintiffs in civil lawsuits in Indiana.
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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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Democrats won't challenge Young's candidacy in court

March 14, 2016
 Associated Press
Time is dwindling for opponents of U.S. Rep. Todd Young to challenge in court a deadlocked decision last month by the Indiana Election Commission that keeps Young on the ballot for U.S. Senate.
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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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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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Lawmakers punt Marion County judge-selection bill to next year

March 11, 2016
Hayleigh Colombo, IBJ Staff
Indiana lawmakers were unable to come to an agreement on how to select Marion County Superior Court judges by the end of the legislative session on Thursday night and punted the decision until next year.
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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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Lawmakers pass police video bill

March 10, 2016
 Associated Press
Indiana law enforcement agencies will get the right to withhold all body and dash cam video recordings from the public under a bill that's now headed to the governor's desk.
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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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