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7th Circuit affirms summary judgment for employer in FMLA suit

June 28, 2012

An employer was within its rights to terminate an employee who attempted to take off work under the Family and Medical Leave Act but then sought no treatment, the 7th Circuit Court of Appeals ruled Thursday.

High court ruling opens Medicaid escape hatch for states

June 28, 2012

While upholding President Barack Obama’s health care law, the U.S. Supreme Court on Thursday also opened an escape hatch for states that do not want to take on the project of expanding their Medicaid programs.

Unreliable evidence weighing reduces Elkhart meth dealing conviction

June 28, 2012

Elkhart County prosecutors and state witnesses used dubious methods to weigh methamphetamine during a trial, the Indiana Court of Appeals ruled Monday. The court reversed a man’s Class A felony conviction and ordered the court to resentence him on a lesser charge.

U.S. justices rule on challenges to health care law

June 28, 2012

The U.S. Supreme Court released its highly anticipated decision on the challenges brought by states and other organizations to the Affordable Care Act.

7th Circuit dismisses case for mootness

June 27, 2012

The appeal of an eviction initiated by the Housing Authority of South Bend was dismissed by the 7th Circuit Court of Appeals because the woman and her son have already been evicted.

Appellate courts may consider credit time status

June 27, 2012

Indiana appellate courts can take into account the potential consequences of an offender’s status as a credit restricted felon when reviewing a sentence, the state Supreme Court ruled Tuesday.

NRC may dictate placement of pier

June 27, 2012

A family that owns property on Bass Lake failed to show that the Natural Resources Commission’s decision that the family must move its pier to accommodate the placement of a group pier was arbitrary and capricious, or unsupported by evidence, the Indiana Court of Appeals ruled.

Court upholds former DCS worker’s child molesting convictions

June 27, 2012

The Indiana Court of Appeals affirmed the 24-year sentence imposed on a former Hamilton County Department of Child Services’ case manager found guilty of molesting his cousin’s son.

LaPorte County prosecutor suspended by Supreme Court

June 27, 2012

LaPorte County Prosecutor Bob “Z” Szilagyi has been suspended by the Indiana Supreme Court for forging the names of his ex-wife and secretary on a quitclaim deed on the former couple’s marital home.

Judges reverse football player’s operating while intoxicated conviction

June 27, 2012

The Indiana Court of Appeals disagreed with the state’s argument that prosecutorial discretion extends to the determination of which conviction should be vacated after a finding of double jeopardy.

Opinions June 27, 2012 ILD

June 27, 2012

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Opinions June 27, 2012

June 27, 2012

7th Circuit Court of Appeals
A.B., a child by his next friend, Linda Kehoe v. Housing Authority of South Bend
11-2581
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Dismisses appeal of the order denying A.B.’s motion for a preliminary injunction to prevent the housing authority from pursuing the eviction in state court. Since A.B. has already been evicted, the appeal is moot.

Opinions June 26, 2012 ILD

June 26, 2012

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Koko Win v. State of Indiana (NFP)
02A03-1111-CR-523
Criminal. Affirms four-year sentence with two years suspended to probation for Class C felony child molesting.

Robert Williams v. State of Indiana (NFP)
49A05-1110-CR-553
Criminal. Affirms conviction and sentence for murder.

Larry R. Cox v. State of Indiana (NFP)
79A04-1111-CR-584
Criminal. Affirms 50-year sentence for 10 counts of Class A felony child molesting and five counts of Class C felony child molesting.
 

Opinions June 26, 2012

June 26, 2012

Indiana Court of Appeals
Gwen E. Morgal-Henrich v. David Brian Henrich
46A05-1111-DR-645
Domestic relation. Affirms the trial court did not abuse its discretion by applying the equal division presumption in dividing the marital assets. Reverses trial court’s use of $390 per week as David Henrich’s weekly gross income for purposes of calculating child support. Remands for a recalculation and recommends the trial court uses an income averaging calculation due to his fluctuating income.

Judges disagree on applicable child support guideline

June 26, 2012

Against the advice of their attorneys, a divorcing couple entered into a settlement agreement that included a “true up” provision for calculating child support each year. That provision is now at issue before the Indiana Court of Appeals.

COA: exhaust administrative remedies before filing appeal

June 26, 2012

Because a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s appeal.

Judges find no error in division of marital assets

June 26, 2012

The Indiana Court of Appeals upheld the equal division of marital assets of a divorcing LaPorte County couple but found the trial court erred in its calculation of how much the ex-husband owes in child support.

Language of easement allows parking

June 26, 2012

The Indiana Court of Appeals concluded that the language of an easement dating back to the 1800s allows for a family to park its cars on that easement.

Woman’s tort claim notice insufficient

June 26, 2012

A trial court improperly granted summary judgment to a woman on whether her notice to the city of Indianapolis was sufficient to inform it of a potential personal injury claim, the Indiana Court of Appeals ruled.

Indiana justices accept 4 cases

June 26, 2012

The Indiana Supreme Court took four cases last week, including two in which they released opinions the same day they granted transfer.

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In This Issue

  • What if ICE comes calling? Attorneys inundated with questions

  • Hamilton County plans $65M government center expansion for more courts

  • Art project depicts Indiana’s 92 county courthouses

Most Read
  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • Lawmaker seeks help for mobile home tenants barred from using window A/C units

  • Justice Ketanji Brown Jackson tells Indy crowd she’s not afraid to use her voice

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • List of new Indiana laws approved this year

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