Articles

COA affirms dismissal for lack of personal jurisdiction

The Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business from a lawsuit filed here.

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Trial court improperly suspended driving privileges for life

A Marion Superior Court exceeded statutory authority when it suspended a man’s driving privileges for life, the Indiana Court of Appeals has held. At the time Thomas Porter was arrested and charged, his driving privileges were suspended for life, but that was no longer the case when he was sentenced.

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Judges rule on contractor dispute over new FBI headquarters

The Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist upon arbitration.

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Lake County murder conviction affirmed

A Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction regarding the presumption of innocence, the Indiana Court of Appeals held.

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COA orders bank’s cause of action reinstated

A Howard Superior Court erred in denying a bank’s motion for relief from the court’s quiet title decree finding the bank no longer held any interest in certain real property owned by a divorcing couple, the Indiana Court of Appeals ruled Thursday.

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Evidence supports animal fighting convictions

A Shelby County man who claimed his devotion to his religious beliefs required him to breed, raise and fight gamefowl had his convictions relating to animal fighting upheld by the Indiana Court of Appeals Thursday.

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7th Circuit: no liability insurance coverage for associate’s error

The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.

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Prosecutor can’t grant use immunity to parents of injured infant

The Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.

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Appeals court tackles sex offender use of social media

Two months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s First Amendment rights.

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Court erred in striking state’s response as untimely

The Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.

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