Articles

COA affirms attorney fee order

The Indiana Court of Appeals upheld the decision by a trial court that in order for proceedings supplemental to be withdrawn without prejudice, the moving party must pay attorney fees as ordered by the lower court.

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Mediator appointed to Marion Superior Court

An Indianapolis mediator has been selected by Gov. Mike Pence to fill the vacancy in Marion Superior Court created when Judge Robert Altice Jr. was appointed to the Indiana Court of Appeals in July.

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COA modifies punitive damages award

The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.

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COA outlines approach to awarding attorney fees in estate challenges

In a case in which the trial court awarded a woman and her children more than $170,000 in attorney fees even though two of the three claims raised were without just cause or good faith, the Indiana Court of Appeals specified the approach judges should follow when a party seeks attorney fees pursuant to I.C. 29-1-10-14.

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Boilerplate language can’t support warrant for blood draw

The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.

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Ernst & Young confronts Madoff’s specter in trial over audits

Ernst & Young LLP took Bernie Madoff at his word when it signed off on audits of a fund that helped feed the biggest Ponzi scheme in U.S. history. The firm must now defend that decision at the first trial of an auditor over losses tied to Madoff, who’s serving a 150- year prison term for stealing billions of dollars from thousands of investors.

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DOC recommends stretching $5 million to 41 counties

The Indiana Department of Correction, going against previous advice, has proposed spreading newly available state money around to several counties to help provide rehabilitation and treatment for the low-level offenders who will be coming to county jails.

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Deed allows owners to make wells deeper, court rules

A family that sold mineral rights to a company but reserved the rights to oil and gas from certain producing wells was not restricted by the deed from making the reserved wells deeper, the Indiana Court of Appeals held Friday.

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