Aye Chihuahua! Dog’s domain remains Indiana, appeals court rules
Sofie, the black-and-white Chihuahua-rat terrier mix, stays in Indiana, the Court of Appeals affirmed in a canine custody challenge.
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David, Massa stake key positions on court
A review of the work of the Indiana Supreme Court in 2012 by Barnes & Thornburg LLP attorneys finds Justices Steven David and Mark Massa establishing themselves respectively as swing votes and active dissenters.
Column: The changing landscape of determining venue
Following the United States Supreme Court’s decision in M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972), many Circuit courts have held that a valid forum-selection clause renders venue “improper” in a forum other than the one designated by contract. This term, the U.S. Supreme Court will address whether forum-selection clauses in contracts warrant dismissal or transfer of a case filed in an appropriate federal venue but in contravention of the forum-selection clauses.
Finney: Is trial technology a reasonable and necessary expense?
A recent decision from the Nevada District Court, Clark County, demonstrated that technology at trial is a valued component and not merely a dog-and-pony show. The dispute at hand centered upon unpaid expenses for trial technology that had been deemed as not a “reasonable and necessary” expense.
Program provides lawyers trial run at oral argument
A novel program offered by the Indianapolis Bar Association and the Indiana University Robert H. McKinney School of Law in Indianapolis, the Indiana Appellate Institute gives lawyers a trial run in which they can practice their arguments before a panel of volunteer lawyers and sometimes former judges and justices.
County official puts Indiana’s expungement statute on trial
Morgan County Prosecutor Steve Sonnega has heard the criticism that he’s on the wrong side of the law when he argues that Indiana’s expungement statute is unconstitutional. But he insists he’s right.
Is a death certificate public information?
Differing interpretations of statutory language puts the state of Indiana and the Court of Appeals at odds.
Filings continue to drop, as does funding for Indiana courts
A sharp decline in infraction and ordinance-violation cases is among factors that resulted in courts around the state collecting considerably less revenue, according to data released in the annual Judicial Service Reports.
Kokomo lawyer skips town, leaving ‘mess’ behind
A Kokomo lawyer’s sudden abandonment of his law practice has left the local legal community scrambling to clean up a mess involving scores of ripped-off clients, some of whom learned of their attorney’s disappearance when they showed up for court dates and he didn’t.
Fewer cases being decided by juries, according to Indiana Supreme Court stats
The Indiana court system held 1,338 jury trials during 2012, continuing what court officials described as a “significant decline” across the state.
Rehearing on double-jeopardy appeal leads to same conclusion
An Indiana Court of Appeals panel was unmoved by a recent Indiana Supreme Court decision, and the appellate panel reaffirmed that a charge of sexual misconduct with a minor should not be dismissed against a defendant acquitted of rape based on the same incident.
Former university soccer coach’s lawsuit after charges dropped fails
The 7th Circuit Court of Appeals agreed with the lower court Monday that a lawsuit brought by a former soccer coach at Oakland City University against an arresting officer should be dismissed for being time-barred. Christian Serino alleged his constitutional rights were violated and multiple state-law torts were committed after trespass and resisting law enforcement charges against him were dropped.
Retailer properly terminated lease, COA rules in reversal
A retail chain that closed an underperforming store in a Hendricks County shopping center had a contractual right to do so under its lease, the Indiana Court of Appeals held in reversing a judgment in favor of the plaza owner.
Judge facing discipline refused to take deposition oath
Marion Superior Judge Kimberly Brown refused to be sworn during a deposition before the Judicial Qualifications Commission – a videotaped moment of defiance used against her Monday at the outset of her weeklong disciplinary case.
Judge sentences attorney Page to probation, fine
Attorney and real estate developer Paul J. Page will serve two years of probation and pay a $10,000 fine for concealing the source of a $362,000 down payment on his purchase of a state-leased office building in Elkhart.
SCOTUS to hear Indiana steelworkers’ case Monday
This question arising in an Indiana labor case will be before the Supreme Court of the United States on Monday: What does “changing clothes” mean?
Marion Superior judicial commissioners to get raises
Commissioners in Marion Superior courts will take a step toward pay equity with magistrates under a proposal approved Friday by the courts’ executive committee.
Tax Court lets owners’ appeal go forward in alleged ‘puppy mill’ case
The former owners of an alleged puppy mill in Harrison County may pursue their claim that because the state overreached in using jeopardy tax warrants to seize their animals and property, they are entitled to a refund of the value of the taken property.
State can’t keep interest earned on unclaimed property
The 7th Circuit Court of Appeals agreed Thursday with an Indiana woman acting as guardian for a relative that the state can’t retain the interest earned on unclaimed property once the owner files a valid claim to the property. Katherine Cerajeski argued that action by the state is a taking that violates the takings clause in the Constitution because the owner is paid nothing for his lost interest.