Articles

Contract’s ambiguities win homeowners a reversal

Owners of a shabbily built house will get another chance to hold their architects accountable for the construction headaches after the Indiana Court of Appeals found there are questions of material fact that should be considered.

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COA rules DCS has duty to protect caller’s identity

The Indiana Court of Appeals ruled in a 2-1 decision the Indiana Department of Child Services had a duty to protect a man’s identity after he called the DCS hotline and reported his neighbors’ children as children in need of services.

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COA: Gun evidence lawfully obtained

In its third Fourth Amendment case in two weeks, the Indiana Court of Appeals ruled evidence obtained during a stop of a man who was loitering around an apartment complex and then left suspiciously was lawfully seized. The judges affirmed the trial court’s denial of his motion to suppress on interlocutory appeal.

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COA deals blow to AG’s foreclosure lawyer consumer suit

An effectively disbarred Florida attorney whose company hired Indiana lawyers to represent people in foreclosures must face a consumer lawsuit brought by the Indiana Attorney General’s Office, but her company is largely exempted, the Indiana Court of Appeals ruled Monday.

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‘Abusive litigant’ loses appeal for damages

The Indiana Court of Appeals denied a prolific litigant’s attempt to get more than $30,000 in damages after he claimed a printer he purchased online for less than $75 did not work and then sued for thousands of dollars in damages.

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Ex-credit union chief loses defamation per se appeal

The Indiana Court of Appeals affirmed summary judgment for an employer after the president of a company was fired over an executive’s hotline call. The president claimed defamation per se and considered the hotline company liable, but the COA ruled comments made during the call were not defamatory.

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COA upholds denial of post-conviction relief petition

The Indiana Court of Appeals upheld the denial of a man’s post-conviction relief petition after it found any ineffectiveness of counsel the man received did not affect the outcome of his case in his decision to plead guilty to Class A felony neglect of a dependent.

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COA: Stop violated 4th Amendment

A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.

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