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7358 results for 'articles'

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Supreme Court affirms COA on issue in public-private contract

July 9, 2014

In a mere three sentences, the Indiana Supreme Court summarily affirmed the Indiana Court of Appeals opinion in the lawsuit involving Veolia Water and the city of Indianapolis and liability for damages resulting from a fire that destroyed a restaurant.

Ex-business partner might not get damages for unreturned pizza oven

July 9, 2014

Because a county clerk did not apparently send out notice of a court order requiring a man to return a pizza oven to his partner in a bar, the Indiana Court of Appeals reversed the denial by the lower court of the man’s motion challenging a damages award stemming from his failure to return the oven.

Judges uphold 40-year sentence in drug deal turned robbery

July 9, 2014

The Indiana Court of Appeals affirmed a man’s 40-year sentence for his role in the robbery of two people after he set up a drug deal with one of the victims.

Court rules in favor of police department on inmate’s request for records

July 9, 2014

The inmate who filed a public records request with the Indianapolis Police Department nearly nine years ago lost his case on appeal before the Indiana Court of Appeals Wednesday.

Man had 3 months to bring claim to enforce contract, court rules

July 9, 2014

A son who sought to challenge his stepmother’s decision to revoke the will she made with his father had to bring his challenge within three months of the will being admitted to probate, not nine months as he claimed, the Indiana Court of Appeals ruled.

Indiana agencies told to ignore gay marriages

July 9, 2014

Indiana Gov. Mike Pence's office is telling state agencies to act as if no gay marriages had been performed during three days following a federal court order.

Dentist’s reputation, privacy and identity are not chattel under T.R. 75(A)(2)

July 9, 2014

The Indiana Court of Appeals decided that the preferred venue of a woman’s lawsuit against her ex-boyfriend alleging defamation and other claims is in Marion County where the man resides and not in Lake County where she works. The opinion hinged upon whether there were chattels involved.

Moberly to become chief bankruptcy judge Aug. 1

July 9, 2014

Judge Robyn L. Moberly, in the United States Bankruptcy Court for the Southern District of Indiana, has been appointed to replace Judge James K. Coachys as the court's chief judge. Coachys is retiring Sept. 30.

Split Supreme Court vacates transfer in re-entry case

July 9, 2014

The Indiana Supreme Court took action on one case last week, vacating the transfer it granted in April in a case challenging the termination from a county re-entry court program.

Opinions July 8, 2014 ILD

July 8, 2014

Indiana Court of Appeals
Jasmine Davis v. State of Indiana (NFP)
49A05-1312-CR-610
Criminal. Affirms Class D felony theft conviction.

William Robert Tyler v. State of Indiana (NFP)
64A04-1402-CR-71
Criminal. Affirms conviction of Class C felony battery.

John R. Edwards v. Maryann Edwards (NFP)
64A03-1310-DR-423
Domestic relation. Affirms denial of John Edwards’ petition to emancipate and modification of custody and support.

Billie Jo Moore v. State of Indiana (NFP)
64A04-1309-CR-497
Criminal. Affirms conviction and sentence for  Class B felony aggravated battery.

In the Matter of the Termination of the Parent-Child Relationship of: T.R. (Minor Child), and, C.C. (Father) v. Indiana Department of Child Services (NFP)
82A01-1311-JT-497
Juvenile. Affirms termination of parental rights.  

Jubilee Investment Corp. v. BJ Thompson Associates, Inc. and BJ Thompson (NFP)
71A03-1401-CC-10
Civil collection.  Affirms summary judgment in favor of BJ Thompson on the issue of whether he, as president and sole shareholder of BJ Thompson Associates Inc. executed a personal guaranty of a commercial lease.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Opinions July 8, 2014

July 8, 2014

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Julia Hutt v. AbbVie Products LLC
13-1481
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms summary judgment in favor of AbbVie Products, formerly known as Solvay Pharmaceuticals, on Hutt’s age discrimination and retaliation claims and her state law claim asserting a violation of the Indiana Wage Payment Statute. The District Court correctly concluded that Hutt’s age discrimination claim fails under the direct method and she could not prove the company retaliated against her for filing a complaint with the EEOC. Finds Hutt failed to develop her bad-faith argument with regard to her claim alleging violation of the Wage Payment Statute.

Curry: 12-hour arrestee probable cause rule unrealistic

July 8, 2014

Marion County Prosecutor Terry Curry told judges Tuesday that a proposed rule requiring a probable cause determination within 12 hours of an arrest in major felony cases would “set up the criminal justice system to fail in many instances.”

Woman loses appeal of discrimination lawsuit against employer

July 8, 2014

The 7th Circuit Court of Appeals agreed with the lower court that a pharmaceutical company did not discriminate against a sales representative based on her age or retaliate against her for filing a complaint with the Equal Employment Opportunity Commission.

GOP state senator deploying to Afghanistan

July 8, 2014

A Republican state senator is heading overseas for military duty in Afghanistan and asking his wife to fill his seat while he is gone.

Deal proposed in ex-schools chief’s ethics case

July 8, 2014

The State Ethics Commission is set to review a proposed settlement Thursday in the ethics case against former Indiana Schools Superintendent Tony Bennett.

Thomas to resign as Indiana’s inspector general

July 8, 2014

The only person to serve as Indiana's top ethics watchdog since the position of inspector general was created in 2005 is planning to leave.

Director of northeast Indiana pro bono organization died July 3

July 7, 2014

Terry McCaffrey, the executive director of the Volunteer Lawyer Program of Northeast Indiana, died July 3. He was 55.

Opinions July 7, 2014 ILD

July 7, 2014

Indiana Court of Appeals
James Toy v. State of Indiana (NFP)
02A03-1311-CR-446
Criminal. Affirms conviction of Class A misdemeanor intimidation.

In the Matter of the Termination of the Parent-Child Relationship of: J.S. (minor child); N.W. (Mother) v. The Indiana Department of Child Services (NFP)
48A02-1309-JT-778
Juvenile. Affirms involuntary termination of parental rights.

Anthony Neumeister v. City of Greenfield, Indiana (NFP)
30A01-1309-PL-387
Civil plenary. Affirms termination of Neumeister’s employment.

Maurice V. Brown v. State of Indiana (NFP)
45A04-1311-CR-554
Criminal. Affirms sentence for Class D felony stalking.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Opinions July 7, 2014

July 7, 2014

Indiana Court of Appeals
Z.A. v. State of Indiana
49A02-1311-JV-973
Juvenile. Reverses adjudication that Z.A. committed what would be Class D felony theft if committed by an adult. The state did not prove that Z.A. exerted unauthorized control over the television he and his mother purchased together when he took it from his mother’s home over her objection.

Justices to answer whether fund can pursue claim against an insurer

July 7, 2014

The Indiana Supreme Court has accepted a certified question from a federal court in northern Indiana in a case filed by the Indiana Patient Compensation Fund against a professional liability insurance provider involving claims against former doctor Mark Weinberger.

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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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