COA: Department of Labor should review claim
The Indiana Court of Appeals found that a woman’s lawsuit for unpaid wages should have first been brought before the Indiana Department of Labor before she filed her action.
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Rally to bring attention to CASAs
The Indiana Child Advocates Network and the State Office of GAL/CASA of the Division of State Court Administration held a rally at the Indiana Statehouse Monday morning to highlight the need for and the importance of court appointed special advocates.
COA finds man initiated communication with detective
The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.
Shepard to be focus of 2 public radio broadcasts
Indiana Chief Justice Randall T. Shepard will be on WFYI Public Radio’s “No Limits” program the week of March 5 as the show takes a look at his legacy.
Governor has met with Supreme Court finalists
Indiana Governor Mitch Daniels wants to move quickly on appointing the state’s next Indiana Supreme Court justice. He has already met with the three finalists who are vying for that position.
Attorney general suing Super Bowl home rental companies
Indiana Attorney General Greg Zoeller filed lawsuits Thursday against two Arizona-based home rental companies for scamming residents.
7th Circuit ponders search of cell phone
The 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search a man’s phone for the phone’s number without a search warrant.
Judges affirm ruling in favor of Jeep dealer
The Indiana Court of Appeals has ruled in favor of a southwestern Indiana car dealer being sued by a customer for injuries in a car accident under the Indiana Products Liability Act after Chrysler LLC filed for bankruptcy.
Parents cannot each recover under policy’s underinsured motorist provisions
The parents of a teenager killed in a crash during a drag race cannot recover funds in their individual capacities under their automobile insurance underinsured motorist provisions, the Indiana Court of Appeals concluded.
Appellate court overturns sexual battery conviction
The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.
Judges rule in favor of California attorney in Simon case
A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.
Judges affirm dismissal for lack of subject matter jurisdiction
The Indiana Court of Appeals has upheld the decision by a trial court to dismiss a company’s state law claims against a labor union, finding those claims are preempted by a decision of the National Labor Relations Board.
COA: agency’s claim for Medicaid reimbursement allowed
The Indiana Court of Appeals has found that a trial court erred in concluding that the Family and Social Services Administration’s preferred claim for reimbursement of Medicaid benefits against an estate was not timely filed.
Students, attorneys learn about historic Dred Scott case
A U.S. Supreme Court decision from 155 years ago that helped ignite the Civil War came to life again Tuesday in the Indiana Supreme Court and a nearby university as part of a Black History Month observation to teach students and attorneys about the importance of the Dred Scott decision on constitutional rights.
Divided court affirms liability in ‘courtesy wave’ case
In a case of first impression, the Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a motorcyclist injured in a crash. One judge disagreed with the majority decision, stating the opinion is contrary to sound public policy.
Disciplinary Actions -3/2/12
Read who’s received a public reprimand and who has resigned from the bar.
Bankruptcy discharge pushed for school debt
Delinquent borrowers may be relieved to learn that student loan default – unlike espionage and treason – is not punishable by death. But defaulting on a student loan can have disastrous effects on a borrower’s personal credit and lead to a lifetime of financial difficulties.
Indiana justice finalists named
Gov. Mitch Daniels will select next justice from a pool of two men, one woman.
Indiana Court decisions – Feb. 9-22, 2012
Read for publication decisions from the 7th Circuit Court of Appeals and Indiana appellate courts from Feb. 9-22, 2012.
COA finds double jeopardy in DeLaney attacker’s case
The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.