Articles

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7th Circuit case highlights confusion over online home value ‘Zestimates’

The 7th Circuit both rejected proposed class action lawsuit against the website Zillow, but Realtors and real estate attorneys still have concerns about whether its “Zestimates” are unnecessarily misleading. Zillow, however, insists its estimation practices are transparent and legal, thus making their home valuations a beneficial tool for buyers and sellers.

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IU profs contribute to ruling upholding short-term rental regulation

With the help of an amicus brief from several professors — including two from the Indiana University Kelley School of Business — Santa Monica, California successfully urged the 9th Circuit Court of Appeals to uphold its local regulation of short-term rental properties offered through websites such as Airbnb.

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CHINS adjudication reversed for mom who tested clean

A mother whose kids were found to be children in need of services despite her successful efforts to stay sober and get the help she needed found favor with an appellate panel Monday, who reversed the CHINS adjudication on the basis of insufficient evidence.

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COA: Med-mal dismissal affirmed for counsel’s untimely filings

A woman who partially blamed her attorney’s personal problems for her failure to timely file pleadings in her proposed medical malpractice complaints could not convince the Indiana Court of Appeals that her case should not be dismissed. Among other things, the appellate panel simply found she failed to spend her time wisely.

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7th Circuit finds leadership enhancement harmless error

An Indianapolis furniture salesman who used his business as a front for selling cocaine and heroin persuaded the 7th Circuit Court of Appeals to buy his argument that he did not have a leadership role in the drug operation, but his 30-year sentence was still affirmed.

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Appellate court reduces theft restitution by more than $62K

A man who stole nearly $100,000 from his Ripley County employer will only have to pay about $36,000 in restitution after the Indiana Court of Appeals determined the trial court erred in ordering the man to pay back the full amount. But the court also upheld the man’s 15-year theft sentence, finding it was not inappropriate.

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Aggravators can’t include nonadjudicated juvenile actions, COA says

In granting a petition for rehearing Thursday, the Indiana Court of Appeals explicitly came down against using juveniles' nonadjudicated contacts with the criminal justice system as an aggravating factor in future sentencing. However, in light of other evidence of the petitioner’s criminal history, the court reaffirmed its prior decision to uphold a man’s sentence.

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COA splits on definition of ‘squeezed’ in burglary case

A man’s assertion that he “squeezed through” an open door without the homeowner’s permission has left an appellate panel divided over whether the man properly pleaded guilty to burglary, resulting in a split conclusion that he still used unauthorized force to gain entry. 

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