Porter County

Appeals court OKs dead witness's video testimony

June 24, 2014
 Associated Press
The state Court of Appeals has upheld a northern Indiana judge's decision to allow videotaped statements from a dead witness to be used in an upcoming murder trial.
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Appeals panel reverses judgment favoring insurer

May 2, 2014
Dave Stafford
A trial court erred in granting summary judgment to an insurance company that argued a driver injured in a car crash could not collect on an underinsured motorist policy because she received payments from other sources in excess of her policy limits.
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Judges dismiss man’s appeal of protection order extension

March 27, 2014
Jennifer Nelson
The Indiana Court of Appeals dismissed a Porter County man’s appeal of a judge’s decision to reset a hearing on a temporary protection order for six months after the victim had an anxiety attack while testifying. The judges held Douglas Allison had to seek a discretionary interlocutory appeal in the matter.
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Valparaiso attorney slapped with 5th felony charge

March 12, 2014
Dave Stafford
Valparaiso attorney Clark Holesinger, charged last month with four felony counts alleging he stole more than $1.6 million from clients, now faces a fifth count alleging theft from another client.
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Valpo attorney charged with $1.6M theft held in contempt in civil suit

February 17, 2014
Dave Stafford
A Porter County lawyer allegedly stole more than $1.6 million from four companies owned by a client he represented for decades, according to criminal charges filed against him.
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Brother must prove why depositions should remain confidential

October 29, 2013
Jennifer Nelson
A Porter County court erred in merging the issue of confidentiality for purposes of discovery with the issue of restricting public access to materials filed in court, the Indiana Court of Appeals ruled Tuesday. It ordered a hearing at which a man involved in a lawsuit with his brother must prove why portions of his deposition should be restricted from public access under Administrative Rule 9.
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Ex-wife not required to pay attorney fees under FDCPA

May 29, 2013
Jennifer Nelson
A woman does not have to pay the attorney fees for her ex-husband after she sought more than $135,000 in owed child support after he failed to pay for 16 years, the Indiana Court of Appeals ruled. The trial court ordered her to pay the fees under the Fair Debt Collection Practices Act.
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Judges uphold refund to pilot unhappy with plane rental’s service

February 28, 2013
Jennifer Nelson
A man who prepaid into an account to be used when he rented planes to fly is entitled to a refund of $1,755.88 from a company offering flight instruction and rentals, the Indiana Court of Appeals ruled. The judges rejected the company’s claims that the small claims court erred by ruling in the pilot’s favor.
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COA upholds award of attorney fees but orders damages amount reduced against construction company

February 27, 2013
Jennifer Nelson
A claimed scrivener’s error on the Secretary of State’s website should not be held against the couple filing the lawsuit against a company, the Indiana Court of Appeals held. The error involving an incorrect address on the website was made by an employee of the company being sued more than two years before the suit was filed.
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Judges uphold 10-year suspension of driver’s license

November 28, 2012
Jennifer Nelson
A Porter County man who fought the Bureau of Motor Vehicles' decision to suspend his license for being a habitual traffic violator lost his case before the Indiana Court of Appeals.
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Justices vacate transfer in malpractice case, settlement reached

September 14, 2012
IL Staff
The Indiana Supreme Court has dismissed an appeal of a medical malpractice complaint filed in Porter County because Tim Black and the Department of Insurance have reached a settlement.
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Indiana seeks to overturn EPA decision on air quality in Lake, Porter counties

July 19, 2012
IL Staff
Gov. Mitch Daniels and Indiana Attorney General Greg Zoeller said Wednesday they will appeal the U.S. Environmental Protection Agency’s decision to designate Lake and Porter counties as nonattainment regarding ozone.
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COA affirms judgment in favor of contractor in bid dispute

March 29, 2012
Jennifer Nelson
The 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.
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Valparaiso professor to receive animal law award

July 21, 2011
IL Staff
Valparaiso University School of Law Professor Rebecca J. Huss will be given the Excellence in the Advancement of Animal Law Award at the American Bar Association’s annual meeting in August.
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Valparaiso law school recognized for reconstruction of Heritage Hall

July 12, 2011
IL Staff
Valparaiso University School of Law was honored by the Valparaiso Chamber of Commerce at the 44th Annual Community Improvement Awards luncheon.
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Early intervention for juveniles

June 22, 2011
Michael Hoskins
A new law, along with pilot programs, encourage alternatives to keep kids out of courts.
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Court won't recognize non-fiduciary liability

June 21, 2011
Michael Hoskins
Indiana doesn’t allow people to sue when they’ve had corporate opportunities taken away by business partners who’ve gone off and formed new partnerships with others, and the state Court of Appeals declined to decide whether non-fiduciaries can be held liable for usurping corporate opportunity.
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Court: 'ingress' and 'egress' doesn't include parking

March 30, 2011
Michael Hoskins
The Indiana Court of Appeals has reversed a trial judge on a land use dispute between two sets of neighbors, finding that the clear meanings of “ingress" and "egress” do not include parking as two of the Porter County residents had argued based on past caselaw.
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Valparaiso law school hosts discussion on race for MLK event

January 17, 2011
Rebecca Berfanger
The 2011 Martin Luther King Lecture, “After Obama: Three ‘Post-Racial’ Challenges,” will take place at Valparaiso University School of Law Jan. 20. The event begins at 4 p.m. at Weseman Hall, 656 S. Greenwich St., Valparaiso. It is free and open to the public. Advance registration is not required.
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State’s longest-seated chief public defender dies

October 1, 2010
IL Staff
Indiana’s longest-seated chief public defender and the first ever public defender in Porter County died unexpectedly Sept. 29.
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Facility not predominately used for charitable purposes is taxable

September 3, 2010
Elizabeth Brockett
Despite a claim that labor unions are “inherently” charitable in nature and have historically been granted property tax exemptions, the Indiana Tax Court affirmed that one union’s banquet facility is 100 percent taxable.
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Child must show she is born out of wedlock to inherit

August 27, 2010
Jennifer Nelson
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section 29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
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Judges see more cases that involve veterans

February 17, 2010
Michael Hoskins
For a little more than a year, Grant Superior Judge Mark Spitzer has presided over his local drug court and has witnessed what he describes as remarkable results from the problem-solving court model.
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COA allows woman to establish maternity

February 17, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of an agreed petition to establish paternity and maternity of a child who was born of a surrogate, finding equitable relief should allow the biological mother to establish she is in fact the baby's biological mother.
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Court: Association has no standing to sue

September 29, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a landowners association lacked standing to sue over the rezoning of property despite the argument that its claim survives under the "public standing doctrine."
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