Articles

Reversal: Children placed in father’s care weren’t CHINS

Three Tippecanoe County minor children age 5 and younger who were cared for by their father after they were found home alone in their mother’s home should not have been adjudicated children in need of services, the Indiana Court of Appeals held Friday in reversing the juvenile court.

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COA: ‘pleasant’ drug defendant was properly Mirandized

A drug offender who received kudos from the trial court for her pleasant demeanor had her conviction and sentence affirmed by the Indiana Court of Appeals after she could not present any evidence that police failed to ensure she understood her Miranda rights.

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Justices: Drive-away driver properly classified as contractor

A “middleman” business that matches drivers with customers needing drive-away services properly classified one of its drivers as an independent contractor instead of an employee, the Indiana Supreme Court ruled in an opinion meant to resolve a conflict between two lower court rulings.

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Indiana federal courts work as funds dwindle amid shutdown

In the Southern and Northern Indiana district courts, no workers have been furloughed and no pay periods have been skipped, but with the federal judiciary estimating it has funding only to sustain current levels of operations through the end of January, Hoosier jurisdictions are preparing for potential changes.

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Ambiguous weight limit statute leads to infraction reversal

The ambiguity of a state statute means a man performing farm drainage work in Henry County did not commit an infraction by driving his heavy equipment on a state highway, the Indiana Court of Appeals has ruled. However, the court noted its ruling was limited specifically to the facts of the instant case and was not an opinion on how the ambiguity might affect other circumstances.

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Split COA relieves defendant from default despite inexcusable neglect

The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.

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Divided 7th Circuit: Business owner may seek discharge of back pay debt

A divided panel of the 7th Circuit Court of Appeals has allowed an Indiana business owner to seek to discharge back pay debt in bankruptcy proceedings, rejecting the National Labor Relations Board’s argument that the debt was not dischargeable because the employees to whom the back pay was owed were “maliciously” fired.

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COA reinstates Hammond zoning suit against landlord

The city of Hammond may proceed with an ordinance violation act against a local landlord after the Indiana Court of Appeals rejected a trial court’s finding that it lacked subject matter jurisdiction to hear the case in a trial de novo.

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Judgment for mesh implant makers upheld after woman’s death

The estate of a woman who died after a surgical mesh patch was implanted in her body will not be able to proceed with a lawsuit against the patch’s manufacturer and patent holder after the 7th Circuit Court of Appels upheld summary judgment for the defendants Tuesday.

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DCS reform bill passes House

The Indiana House of Representatives has unanimously signed off on a bill implementing reforms in the Indiana Department of Child Services – a bill that is just one of several designed to assist the troubled state agency.

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