Catholic school teacher claims termination due to fertility treatments
A Fort Wayne teacher whose contract at St. Vincent de Paul School was not renewed last year claims it was because she is undergoing fertility treatment.
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5th Amendment right against self-incrimination not violated
The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.
COA rules on Kroger fuel sign dispute
The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.
Appellate court reverses ALJ in unemployment claim
The Indiana Court of Appeals held that a company was not obligated to continue employing a driver who lost consciousness behind the wheel, but because he holds no fault for that incident, he is eligible for unemployment benefits.
Insurer failed to prove driver violated policy clause
Because a drug test failed to show conclusively when a driver last used marijuana before a fatal crash, an insurer cannot deny payment based on an exclusionary clause in the policy, the Court of Appeals determined.
COA reverses trial court in estate case
The Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not notify opposing counsel that a motion had been filed.
Justices deny case involving trial judges issuing orders against other courts
The Indiana Supreme Court will not take the lawsuit filed by six people against Marion Superior Judge William Young for his actions in traffic court. The plaintiffs wanted the special judge appointed to their case to order Young to comply with certain procedures, which included mandating Young allow the general public to attend court sessions.
ATM fee disclosure rules and related litigation
In 2011, nine lawsuits were filed in the United States District Court, Southern District of Indiana, in which plaintiffs sued owners or operators of ATMs for failing to post a sign advising users of usage fees. Similar suits have been filed around the country, and groups that represent ATM owners’ interests are calling for a change to federal law to stop further litigation.
Temporary admissions may create problems
Being unaware of court rules can lead to disciplinary action.
Importance of contracts in construction
A construction management company was found not liable by the Indiana Supreme Court for a subcontractor’s injury.
2 cases prompt new real estate law
Indiana court opinions influence new foreclosure statute and amendment.
Federal courthouse on list for closure consideration
The Terre Haute courthouse survived a shutdown list in 2006 by building a new facility.
Appellate panel affirms trial court in dispute over unpaid land rental
A trial court did not abuse its discretion when it denied a man damages for conversion, the Indiana Court of Appeals found.
Question about residency leads to reversal in insurance case
Because a genuine issue of material fact exists as to whether a teenager lived with his mother or father, an appellate panel has remanded the matter for trial.
COA reverses conviction based on continuing crime doctrine
The Indiana Court of Appeals has reversed one conviction against a man charged with multiple offenses for stabbing his wife.
IndyBar releases results of judicial candidate peer evaluation
The Indianapolis Bar Association’s Judicial Excellence Political Action Committee released the results of its 2012 judicial candidate evaluation. The Democratic and Republican Party ballots will feature twelve candidates vying for 10 spots on Marion Superior Court. The candidates received varied approval rates, from just 18 percent to nearly 97 percent.
Dinner to celebrate former chief justice May 10
Distinguished members of the judicial community, including former Massachusetts Chief Justice Margaret H. Marshall, will be on hand May 10 at a celebration dinner honoring former Indiana Chief Justice Randall T. Shepard.
COA to hear ‘right to farm’ argument
The Indiana Court of Appeals will hear a case Monday involving a dispute between neighboring pork farms.
Judge rejects Durham motion to throw out indictment
A federal judge on Thursday rejected Indianapolis financier Tim Durham’s months-long quest to have his indictment dismissed on the grounds that the government used wiretaps before it had court authorization to do so.