Articles

Justices take 2 cases, deny 18

The Indiana Supreme Court granted two of 20 transfer requests and decided the cases last week, but four more cases were denied with split decisions.

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COA: Agreed judgment not appealable

The Indiana Court of Appeals said an agreed judgment is not appealable and reversed a Marion Superior Court decision that ruled in favor of a woman who prolonged judgment in the court so she wouldn’t have to pay $850 in medical bills and fees.

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7th Circuit: No discrimination in firing

The 7th Circuit Court of Appeals affirmed a woman did not suffer discrimination and the company did not retaliate against her for filing a workers’ compensation claim after she was fired for extending her medical leave.

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Planned Parenthood files suit challenging new Indiana abortion law

The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of Planned Parenthood of Indiana and Kentucky challenging the recently enacted legislation that does not allow women to get abortions if the fetus may have a disability or potential diagnosis of a disability.

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COA: Man can keep $25,000 deposit

A man can keep the $25,000 deposit paid to him after a real estate sale did not through, the Indiana Court of Appeals ruled Wednesday. The contract the parties entered into was enforceable and did not specify financing as part of the sale.

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Man can sue prison for failure to protect him

The 7th Circuit Court of Appeals ruled a prisoner can seek remedies against prison staff who did not protect him from other inmates who were throwing feces at him. It found the man had exhausted all of his remedies before filing suit.

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7th Circuit: State immune from FLSA suit

The 7th Circuit affirmed that Indiana was immune from a Federal Labor Standards Act lawsuit brought by two Department of Child Services Employees. The court said the state did not give consent for the suit, and thus had 11th Amendment immunity under the U.S. Constitution.

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Supreme Court: City not immune from injury suit

The Indiana Supreme Court ruled a city did not meet the requirements of the Indiana Tort Claims Act, and as such does not have immunity in a suit filed by a woman who fell in a city street and broke her leg.

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COA dismisses improperly filed preliminary injunction motion

The Indiana Court of Appeals dismissed a motion for preliminary injunction against the state’s Medicaid Fraud Control Unit filed by Pain Medicine and Rehabilitation Center and Anthony Alexander after it found PMRC’s motion in the trial court was not procedurally correct.

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Court reduces man’s sentence by 3 years

The Indiana Court of Appeals reduced a man’s aggregate sentence by three years after it found he was denied effective assistance of counsel when his counsel did not bring up a statutory limitation issue.

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