Civil Case

High court rules on putative father adoption case

June 29, 2009
Michael Hoskins
The Indiana Supreme Court has ruled that a putative father who files a paternity action in a court other than the court in which the adoption case is pending meets statutory requirements and doesn't imply his permanent consent to that adoption.
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Court tackles scope of 'frivolous'

June 25, 2009
Jennifer Nelson
The Indiana Court of Appeals today used an inmate's appeal of the dismissal of his complaint to address the scope of the word "frivolous" in Indiana's Frivolous Claim Law. And even though this inmate has filed dozens of law suits since being incarcerated, it doesn't mean his suits can be automatically deemed frivolous by the trial courts.
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Judges rule on workers' comp billing issues

June 24, 2009
Michael Hoskins
Employers or their insurers - not health care providers - must prove when medical expenses for injured employees might be considered higher than what's allowed under the state's workers' compensation statute, according to the Indiana Court of Appeals.
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Court rules in favor of steel company in dispute

June 24, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed Tuesday the Indiana Utility Regulatory Commission's grant of summary judgment in favor of a steel production facility in a contract dispute involving a public utility.
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Judges differ on if 'property damage' occurred

June 23, 2009
Jennifer Nelson
A majority of Indiana Court of Appeals judges affirmed summary judgment in favor of a homebuilder's insurance provider, insurance broker, and subcontractor's insurer, ruling the damage to the homes wasn't "property damage" as covered by the insurance policies.
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Justices: Jury issues don't require new trial

June 18, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed a jury award in favor of a man accused of rape in a civil suit, ruling the jury didn't receive improper communications and the trial court didn't err in providing impasse assistance to the jury.
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Inmate loses 3 appeals

June 17, 2009
Jennifer Nelson
Eric D. Smith, the New Castle inmate with the propensity for filing pro se suits, lost three appeals today with the Indiana Court of Appeals.
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Justices: new Terre Haute election not needed

June 16, 2009
Michael Hoskins
A special election isn't needed to determine the rightful mayor of Terre Haute, the Indiana Supreme Court ruled today.
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Opinion explains use of supplemental evidence

June 15, 2009
Jennifer Nelson
In affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code Section 36-7-4-1009.
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Suit based on church-member letter may go on

June 10, 2009
Jennifer Nelson
A letter written by a church member and circulated through another member's work e-mail address contains some allegedly defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those statements, the Indiana Court of Appeals ruled today.
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Court doesn't order contempt sanctions on state

June 8, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals was presented with the question in an Indiana case of how much non-compliance of a consent decree involving Medicaid applications is needed before a District Court can impose civil contempt sanctions.
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Inmate's complaint dismissed again

June 4, 2009
Jennifer Nelson
An inmate's complaint, which led the Indiana Supreme Court to find the Three Strikes Law to be unconstitutional last year, was properly dismissed under the Frivolous Law Claim by the trial court on remand, the Indiana Court of Appeals ruled today.
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Justices dismiss public school funding case

June 2, 2009
Michael Hoskins
Even if Indiana's public school system falls short of where it should be in providing quality education, courts aren't constitutionally able to set standards or establish a financing formula because that's a task falling solely to the General Assembly.
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COA rules insurer has no duty to defend

May 29, 2009
Jennifer NelsonMore

Justices split on discounted medical expenses

May 28, 2009
Michael Hoskins
In a ruling about whether insurance discounts can be used to determine reasonable medical expenses, two Indiana Supreme Court justices say their colleagues have created a new rule that is "incomplete, misleading, and unfair" and will add "layers of complexity, time, and expense to personal injury litigation, impairing the efficient administration of justice."
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COA upholds dismissal of election challenges

May 28, 2009
Jennifer Nelson
Today Indiana's appellate courts are dealing with two mayoral election disputes, with the Court of Appeals ruling on one in Muncie and the Supreme Court hearing arguments in another from Terre Haute.
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Judges differ in ruling application in set-off case

May 21, 2009
Jennifer NelsonMore

Sidewalk 6 trial off; judge to decide penalty

May 21, 2009
Michael Hoskins
Less than a week before a state civil racketeering trial was set to begin, a former East Chicago mayor and one of his closest aides have waived their right to defend themselves before a jury in court.
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Advisory sentence not sentencing starting point

May 20, 2009
Jennifer Nelson
A man appealing his 15-year sentence for rape made a "novel" argument in his brief: the trial court should have started its calculation of his sentence using the advisory sentence of 10 years instead of using the midpoint of 13 years.
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Cinergy trial ends with split verdict

May 20, 2009
Michael Hoskins
A federal jury returned a verdict that a major energy company violated clean-air rules at a coal-fired power plant along the Ohio River in southeast Indiana.
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Worker's entire service decides FMLA eligibility

May 19, 2009
Jennifer Nelson
In an issue of first impression, the majority of Indiana Supreme Court justices ruled an employee filling multiple positions with the same employer is eligible for leave under the Family and Medical Leave Act if the employee's total service is sufficient to qualify, even if the service in either position alone doesn't qualify.
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Justices rule on Web IP issue

May 19, 2009
Jennifer Nelson
In a suit between a company and the marketing firm that created and hosted its Web site, the Indiana Supreme Court determined the Uniform Commercial Code doesn't apply and the marketing firm may collect for its work under principles of common law contract.
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COA clarifies emotional distress claims

May 18, 2009
Jennifer Nelson
The Indiana Court of Appeals used an opinion today to clarify how to treat an independent action for emotional distress brought either in combination with the Wrongful Death Statute or as part of the Medical Malpractice Act.
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Judges differ in non-compete agreement case

May 18, 2009
Jennifer Nelson
In a legal dispute regarding a non-compete agreement, the Indiana Court of Appeals judges disagreed as to whether the agreement could be enforced if the former employee's clients voluntarily left and contacted him to continue to be their accountant.
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Sidewalk Six defendant settles with state

May 18, 2009
Michael Hoskins
What began a decade ago and became known as the Sidewalk Six paving-for-votes scandal is now nearing an end as one of the three remaining defendants in the civil racketeering case has settled with the state.
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