Articles

Court reverses decision denying trial counsel appointment

The Indiana Court of Appeals has determined a Jay Superior judge didn’t look at a defendant’s “total financial picture” when assessing his need for a court-appointed attorney. It has ordered a new indigency evaluation and trial for the misdemeanor battery charge.

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Damage of personal property not unconstitutional taking

The Indiana Court of Appeals has ruled in favor of a sanitary district in a suit against it alleging an unconstitutional taking of homeowners’ personal property after sewage backed up into their homes. The judges relied on a case from Nevada to support their decision.

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Judges: State-law claims can proceed

The Indiana Court of Appeals has allowed a woman’s state claim against a sheriff following the suicide of her son in jail to go forward even though she previously had accepted an offer of judgment in District Court on a federal claim.

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Judge dismisses challenge to NCAA bylaws

Two former NCAA athletes whose scholarships were revoked following injuries have lost their suit that argued without certain NCAA Division I bylaws, they would have received multi-year athletic scholarships that would have covered the cost of their bachelor’s degrees.

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Summary judgment inappropriate in slip-and-fall case

The Indiana Court of Appeals stopped short Wednesday of saying in a negligence suit involving a slip and fall that under any circumstance a home detention officer visiting a detainee at his place of employment is a business visitor.

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Justices take 3 cases

The Indiana Supreme Court has granted transfer to three cases, including one that led to a split in the lower appellate court in a child support case.

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Circuit Court upholds settlement; $43 million in attorney fees

The 7th Circuit Court of Appeals has upheld a $180 million settlement and grant of $43.5 million in attorney fees in a dispute between retirement plan participants and their former employer. Some class members objected to the amount of attorney fees, but the 7th Circuit saw no reason to disturb the lower court’s decision.

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7th Circuit tackles ‘novel’ U visa review request

The 7th Circuit Court of Appeals has ruled it does not have jurisdiction to review immigration orders denying a specialized visa to a non-citizen trying to stay in the country after assisting in an investigation or prosecution.

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Grandmother can’t petition for visitation

A grandmother has lost her right to petition for visitation rights after her son’s parental rights were terminated, so the trial court was correct in dismissing her petition, the Indiana Court of Appeals held Thursday.

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