Indiana Supreme Court

Marion County small claims reform faces hurdles in Legislature

September 10, 2014
Dave Stafford
The Indiana Supreme Court’s recommendation to merge Marion County’s nine township small claims courts with Marion Superior Court may be too bold for the Indiana General Assembly, a key senator said.
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Justices let stand order that Purdue release report on gender bias claim

September 8, 2014
Dave Stafford
The Indiana Supreme Court has denied Purdue University’s request to appeal court orders that it release a report investigating a fired chancellor’s alleged gender discrimination and harassment complaint.
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Justices order in camera review of report to determine if material is privileged

September 4, 2014
Jennifer Nelson
The Indiana Supreme Court tackled two issues of first impression Wednesday in a dispute involving a family business and claims the company president caused a significant decrease in shareholder value.
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Court affirms bank lacks standing to appeal termination of trusts

September 4, 2014
Jennifer Nelson
The Indiana Supreme Court agreed with the Court of Appeals that a bank’s appeal of the termination of two of its trusts must be dismissed for lack of jurisdiction. The bank, as trustee, lacked standing to appeal in its representative capacity and did not appeal in its individual capacity.
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Justices hear constitutional challenge to right-to-work law

September 4, 2014
Dave Stafford
Indiana’s right-to-work statute is clearly anti-union, one state Supreme Court justice said Thursday, but all five justices seemed dubious of arguments that it violated the state constitution.
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Justices take first impression insurance case

September 3, 2014
Jennifer Nelson
The Indiana Supreme Court has accepted three cases on transfer, including one that divided the Court of Appeals regarding a jury award to the widow of a motorcyclist injured in a crash.
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Justices reverse conviction and sentence enhancement related to handgun

September 3, 2014
Jennifer Nelson
Because a man’s firearm enhancement is based on the same behavior used to convict and sentence him for carrying a handgun without a permit, the Indiana Supreme Court vacated the conviction and five-year enhancement.
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State can exclude fuel ethanol plants from ‘chemical process plant’ classification

September 3, 2014
Jennifer Nelson
The Indiana Supreme Court on Tuesday affirmed the decision by state environmental agencies to no longer consider fuel ethanol plants to be a “chemical process plant” under the Clean Air Act. By removing fuel ethanol plants from this classification, those plants may not be subject to stricter regulations.
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Supreme Court recommends abolishing Marion County township courts

September 2, 2014
Dave Stafford
A report from the National Center for State Courts recommends the nine township small claims venues in Indianapolis transition into a unified section of Marion Superior Courts. The Indiana Supreme Court is asking lawmakers to abolish the current system and unify them with the Superior Courts’ Civil Division effective Jan. 1, 2016.
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Justices halt ruling striking down right-to-work law

September 2, 2014
 Associated Press
The Indiana Supreme Court on Friday put on hold a lower court judge's ruling striking down the state's right-to-work law and denied a request that it be consolidated with a similar case, clearing the way for the justices to hear arguments on the issue next week.
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Fee cap provision in Med Mal Act does not reduce fund’s liability

August 27, 2014
Jennifer Nelson
The Indiana Supreme Court has sided with an estate in a dispute over whether the Indiana Medical Malpractice Act's cap on attorney fees from a Patient Compensation Fund award also applies to reduce the fund’s liability. The issue is one of first impression in Indiana.
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Rush takes oath as chief justice in understated event

August 27, 2014
Dave Stafford
Choosing an intimate but profound setting in the Indiana Supreme Court Law Library to take the oath Aug. 18 as the state’s first female chief justice, Loretta Rush said the history in the tomes spoke volumes to her.
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Attorneys want 2 right-to-work cases combined

August 26, 2014
 Associated Press
The Indiana attorney general's office and attorneys for two sets of plaintiffs challenging the state's right-to-work ban on certain union fees want the Indiana Supreme Court to consolidate the cases.
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Members of the Class of 2017 start law school

August 25, 2014
Marilyn Odendahl
About 872 people are expected to begin their legal studies this fall at law schools in Indiana.
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Justices reverse Tax Court ruling favoring Caterpillar

August 25, 2014
Dave Stafford
The Indiana Supreme Court Monday reversed a Tax Court ruling that favored Caterpillar Inc., holding the company could not deduct foreign-source dividend income when calculating its net operating losses for the years 2000 through 2003 for Indiana tax purposes.
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Judge denies stay in right-to-work law case

August 20, 2014
A northwest Indiana judge has rejected a request by the Indiana attorney general's office that he put on hold his order striking down the state's right-to-work law until the state Supreme Court rules on a similar case.
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Rush takes oath as chief justice

August 18, 2014
Dave Stafford
Choosing an intimate but profound setting in the Indiana Supreme Court Law Library to take the oath Monday as the state’s first female chief justice, Loretta Rush said the history in the tomes speak volumes to her.
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Rush to be sworn in as chief justice Monday

August 14, 2014
IL Staff
Indiana Justice Loretta Rush will officially become the Supreme Court’s chief justice Monday. Rush, along with current Chief Justice Brent Dickson, will be among those making brief remarks at the swearing-in ceremony.
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Justices uphold sentence, clarify previous caselaw

August 13, 2014
Jennifer Nelson
The Indiana Supreme Court accepted a case to address the proposition that relying on an element of the offense as an aggravating factor when sentencing is no longer prohibited. The justices believe that the Court of Appeals has applied this position too broadly.
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Police allowed to test seized shoe without warrant

August 13, 2014
Jennifer Nelson
The Indiana Supreme Court held Wednesday that police do not need to have a warrant before testing lawfully seized evidence, even if that evidence is unrelated to the crime for which the defendant is in custody.
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Loretta Rush wins praise, makes history as new chief justice

August 13, 2014
Dave Stafford
Loretta Rush had dinner with friends awhile back in her hometown of Lafayette, but the upcoming chief justice selection didn’t come up. Robert Reiling recalls a nice time talking about family.  “I’m sure in Indianapolis she’s Chief Justice Rush,” Reiling said. “In Lafayette, she’s Loretta to everyone.”
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Krauss appointed to Disciplinary Commission

August 12, 2014
IL Staff
A professor at Indiana University Robert H. McKinney School of Law has been appointed to the Indiana Supreme Court Disciplinary Commission.
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State Supreme Court to decide Indiana-IBM dispute

August 11, 2014
 Associated Press, IL Staff
The state Supreme Court will decide a dispute between the state of Indiana and IBM over the company's failed attempt to privatize public welfare services.
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Rush named next chief justice, first female to lead the court

August 6, 2014
Dave Stafford
Loretta Rush was selected the next chief justice of the Indiana Supreme Court Wednesday by the seven-member Judicial Nominating Commission, which deliberated about an hour before naming her the first female chief justice in the state’s history.

“I appreciate the vote of confidence the JNC has given me,” Rush said after her unanimous selection. On being the first woman chief, she said, “I look forward to the day it’s unremarkable.”

Rush will succeed outgoing Chief Justice Brent Dickson, who announced earlier this year he will step down from the leadership position by Sept. 1, but will remain on the court. Dickson, who as chief justice also chairs the JNC, must retire from the court when he turns 75 in July 2016.
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Rush named next chief justice

August 6, 2014
IL Staff
Loretta Rush was selected the next chief justice of the Indiana Supreme Court Wednesday by the seven-member Judicial Nominating Commission.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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