Judge: More small claims reforms pursued
More reforms that could address “forum shopping” in Marion County Small Claims courts will be undertaken this month, the judge presiding over a review of township court operations said.
Courts
Articles
COA orders judge grant motion for bail bond reduction
Even though the severity of the 13 charges against a Knox County man for his role in several home invasions supports setting his bond at $25,000 cash only, the Indiana Court of Appeals concluded that the trial court should have allowed him to post a percentage of that to bond out.
Judges disagree over whether car ad implied drivability
The Indiana Court of Appeals was divided on whether an Indianapolis car dealership was entitled to summary judgment on a buyer’s lawsuit that made Indiana Deceptive Consumer Sales Act, Crime Victims Relief Act, and fraud claims.
Worker’s Compensation Act doesn’t give board ability to decide contract construction issue
The Indiana Court of Appeals ruled that a Hamilton Superior Judge erred in granting an injured worker’s motion to dismiss a company’s action on whether it was liable to pay workers’ compensation to the injured man, who worked for another company.
Convicted sex offender appeals requirement to register in Indiana
A Massachusetts man who pleaded guilty to rape and abuse of a child in that state in 1984 will argue before the Indiana Court of Appeals Wednesday that he should not have to register in Indiana, where he now lives.
Fishers company loses Marilyn Monroe court appeal
CMG Worldwide, an intellectual property licensing firm in Fishers, has lost a federal court appeal related to ownership of iconic images of Marilyn Monroe.
Suit challenging construction of asphalt plant timely filed
The Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under this statute.
Teen loses on appeal negligence suit filed for softball injury
A Wabash County YMCA proved it was entitled to summary judgment on a negligence claim filed by a 17-year-old teen injured while sliding into a base during a softball game on property owned by the YMCA, the Indiana Court of Appeals held.
Massa appointed chair of St. Joe judicial nominating commission
Indiana Chief Justice Brent Dickson has appointed Justice Mark Massa chairman of the St. Joseph Superior Court Judicial Nominating Commission. Massa is filling the vacancy left by former Justice Frank Sullivan, who recently left the bench to teach.
Woman fails to prove animal fighting statute is unconstitutionally vague
A Marion County woman failed to carry her “heavy burden” of proving that Indiana Code 35-46-3-10, which governs dog fights, is unconstitutionally vague, the Court of Appeals ruled Friday.
Judges: employee discharged for just cause
The Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development that an employee of a funeral home was fired for just cause.
DCS admits petition flawed; COA orders more proceedings
The Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply with statute when filing the petition to terminate their parental rights.
Pharmacy owner pleads guilty to $3.5M in Medicaid fraud
A West Lafayette pharmacy owner was sentenced to four years and 9 months in federal prison for defrauding the state’s Medicaid program. He was also ordered to repay Medicaid and pay taxes owed.
Indiana will receive $4.5M in off-label marketing settlement
Indiana Attorney General Greg Zoeller announced Thursday that the state will get nearly $4.5 million from Janssen Pharmaceuticals Inc. to settle claims that the company illegally marketed its drug, Risperdal.
Case arising out of molestation not reported by DCS divides court
A lawsuit brought by parents against the Department of Child Services and Evansville Police Department for not informing them of their daughter’s molestation led each judge on the Court of Appeals panel to write his or her own opinion. The only thing the judges agreed on is that the police department is not a proper party to the case.
Dismissed dental student loses suit against IU
The Indiana University School of Dentistry student kicked out of the program because of failing grades and allegations of professional misconduct lost her lawsuit because of failure to state a claim.
Trial court erred in land survey dispute
Although a Starke Circuit Court correctly rejected a legal survey performed on land owned by a trust, the special judge did err by imposing two prior surveys to establish boundary lines of the property, the Indiana Court of Appeals held.
Mining company an insured under contractor’s policy
The mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.
Bankruptcy Court amends some rules, seeks comment on others
The judges in U.S. Bankruptcy Court in the Southern District of Indiana have amended local bankruptcy rules, with the changes taking effect Oct. 1. The court is also considering the addition of five local rules.
Mom’s conviction due to child’s school absences upheld
The Indiana Court of Appeals concluded that an Indianapolis mother was not unlawfully denied a right to a jury trial on her Class B misdemeanor failure to ensure school attendance charge.