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Opinions Dec. 16, 2014

December 16, 2014

Indiana Supreme Court
Mark Rolley v. Melissa Rolley
87S01-1412-DR-739
Domestic relation. Affirms modification of child support order. Rules in a per curiam decision that ruling by Indiana Court of Appeals that an order of child support could be modified either because a substantial and continuing change in circumstances or, after 12 months, a 20 percent deviation.

Medical Malpractice Act does not apply to third party, COA rules

December 16, 2014

A worker injured on the job by the actions of a co-worker who was taking prescribed narcotic pain killers is not subject to the limitations of Indiana’s Medical Malpractice Act.

Appeals court remands divorce distribution for IRA recalculation

December 16, 2014

The value of an Individual Retirement Account was miscalculated by a trial court, but the Indiana Court of Appeals otherwise affirmed the distribution of a marital estate in a divorce case.

Trial court must review treatment plan for mental patient, COA rules

December 16, 2014

A man who challenged his ongoing commitment to a mental health facility got a partial victory in that the trial court has been ordered to review his medication to determine if it is substantially benefiting him.

Divided appeals panel affirms judgment over time-limit objection

December 16, 2014

A divided Court of Appeals Tuesday affirmed a trial court judgment for $175,000 in favor of a consultant who co-signed a mortgage in exchange for shares in a company and half-ownership in the real estate.

Appeals court affirms contempt over parenting-time violation

December 16, 2014

A mother who was found in contempt of court for failing to abide by court-ordered parenting time provisions got no relief Tuesday from the Indiana Court of Appeals.

COA decision in dueling-precedent case affirmed by Supreme Court

December 16, 2014

Reviewing a conflict in precedent in state caselaw regarding child support, the Indiana Supreme Court upheld the resolution reached by the Indiana Court of Appeals.

Divided appeals panel reverses judgment against Thomson

December 16, 2014

A trial court improperly ruled in favor of an insurer on Thomson Inc.’s claims for the cleanup of toxic chemicals at two consumer electronics manufacturing sites.

Father can’t challenge paternity 15 years after child’s birth

December 16, 2014

The trial court properly denied a man’s petition to rescind or vacate the paternity affidavit he signed when he was 17 years old, the Indiana Court of Appeals held Tuesday. The appeals court declined to reweigh the evidence regarding his and the child mother’s credibility.

First Amendment complaint filed against county for nativity scene

December 16, 2014

A nativity scene on the grounds of the Franklin County courthouse has become the subject of a federal lawsuit.

Federal judiciary receives budget boost

December 16, 2014

The $1.1 trillion spending bill passed by the U.S. Congress as a government shutdown loomed included some relief for the federal judiciary.

Ohio girl hurt at fair challenges Indiana damages cap

December 16, 2014

Attorneys for a 13-year-old Ohio girl hurt when a stage collapsed at the Indiana State Fair argued Monday that the state's cap on liability damages is unconstitutional and should be thrown out by the Indiana Court of Appeals.

Abrams: A Loss for Civility

December 16, 2014

Last month, Zeff Weiss, a friend of mine, a friend to his partners, a friend to the Real Estate and Land Use Section, a friend to many, and a father of four and husband of a fellow attorney passed away from a short battle with cancer.

IndyBar Frontlines – 12/17/14

December 16, 2014

Read news from around the IndyBar!

IndyBar Members Show the Spirit of Giving Year-Round

December 16, 2014

Be it spring, summer, fall or winter, IndyBar members have been hands-on from the start this year.

Indianapolis Bar Association Remains Optimistic About Justice Center Complex

December 16, 2014

The following statement was released by the IndyBar following the announcement of the selection of a preferred bidder for the proposed criminal justice complex by Mayor Greg Ballard on Friday, Dec. 12.

On The Move – 12/17/14

December 16, 2014

Read who’s recently joined a new firm, been elected to a board or honored for their service.

Judges toss ‘illegible’ federal lawsuits

December 16, 2014

Federal judges in Indianapolis last week wasted no time tossing two lawsuits from an abusive serial filer whose hand-scrawled complaints couldn’t be deciphered.

Indiana Court Decisions – Nov. 24-Dec. 9, 2014

December 16, 2014

Read recent appellate decisions from Indiana courts.

Hammerle On… ‘Beyond the Lights,’ ‘The Homesman,’ and ‘Horrible Bosses 2’

December 16, 2014

Bob Hammerle says don’t waste your time on “Horrible Bosses 2.”

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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