Articles

Court examines future medical care in workers’ comp case

The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.

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Brief filed in NCAA scholarship appeal

Two former college athletes who lost their scholarships because of injuries are now arguing to the 7th Circuit Court of Appeals that they would have received multi-year athletic scholarships covering the costs of their bachelor’s degrees if it wasn’t for the “anti-competitive” National Collegiate Athletic Association Division I bylaws.

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COA rules on fire department consolidation demotions

The Indiana Court of Appeals issued a decision Wednesday involving the consolidation of the Lawrence Township Fire Department with the Indianapolis Fire Department and how the local township merit commission was able to restructure the firefighter officer positions under an exception in state statute.

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Court addresses Barnes retroactivity

The Indiana Court of Appeals added a new dimension to the debate about police entry and reasonable resistance, with a three-judge panel for the first time bringing up the issue of retroactivity as applied to the state justices' controversial ruling in Barnes v. State.

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Federal court addresses resentencing issue

A federal appellate court’s general remand for resentencing doesn’t necessarily mean a defendant will receive a lesser penalty or be able to introduce new arguments, the 7th Circuit Court of Appeals ruled Tuesday.

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COA rules man can challenge med mal act

The Indiana Court of Appeals ruled a man whose wife died because of a missed medical diagnosis and obtained an $8.5 million jury verdict is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.

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7th Circuit hears Planned Parenthood, JLAP appeals

The 7th Circuit Court of Appeals heard two arguments in Indiana cases Oct. 20, one about how the state’s Medicaid money goes to Planned Parenthood and a second suit involving a man who claims he was discriminated against by being referred to the Judges and Lawyers Assistance Program when applying to take the Indiana bar exam.

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Lawmakers finalizing post-Barnes legislation proposals

A legislative study committee is about a week away from finalizing its proposals to clarify state law and allow for Indiana residents to use reasonable force to resist police entry into their homes in all but domestic violence and certain emergency situations.

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COA upholds $300,000 verdict, addresses ‘patient abandonment’

The Indiana Court of Appeals has ruled on the first of hundreds of medical malpractice claims filed against a former ear-nose-throat specialist in Merrillville, upholding a $300,000 jury verdict and also delving into novel legal issues that haven’t been widely addressed by the state’s appellate courts.

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Guidance offered on incarcerated parents’ attendance at termination hearings

Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.

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State justices accept certified question

The Indiana Supreme Court will consider a certified question from federal court concerning disability pension funds for police and firefighters who are already eligible and receiving benefits governed by Indiana statute.

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SCOTUS won’t take Indiana bar exam case

The Supreme Court of the United States has declined to take several Indiana cases, including a federal suit against the state’s Board of Law Examiners filed by a man who wants to take the bar exam without going to law school.

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