Articles

COA: Judge should dismiss habeas petition

The Indiana Court of Appeals found a Henry County judge erred when he denied an inmate’s petition for habeas corpus challenging a disciplinary decision from the Indiana Department of Correction. The judge should have instead dismissed the petition.

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COA: Standard of care same for all doctors

The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.

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Doctrine of continuing wrong not applicable to man’s malpractice claim

The Indiana Court of Appeals reversed the denial of summary judgment in favor of a physician and a medical group on a patient’s claim of malpractice after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.

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Residents not entitled to refund for alleged Barrett Law violations

The city of Indianapolis does not have to pay nearly $3 million in damages to residents who paid in full their share of the costs of sewer improvements. A couple sued after discovering the city had changed its financing plan and forgave future payments by those who still owed the city.

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Indiana Supreme Court upholds right-to-work law

The Indiana Supreme Court has ruled that two sections of the state’s right-to-work law do not violate the Indiana Constitution. A Lake County judge declared the challenged statutory provisions unconstitutional in a July 2013 ruling.

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Judges uphold denial of motion to suppress on rehearing

The Indiana Court of Appeals, after clarifying a point in their original opinion, still did not believe that a police detective tried to mislead a judge in order to obtain a search warrant. The judges upheld their original decision that affirmed the denial of a man’s motion to suppress evidence collected at his home following drug deals.

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COA: Insurance agent did not have duty to advise

The Indiana Court of Appeals affirmed summary judgment in favor of an agent and an insurance company after the owner of a pub sued them believing they owed a duty to advise that the policy the pub chose would be insufficient to cover the replacement cost of the building.

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