Articles

Justices split over how to determine a lawsuit is equitable

The Indiana Supreme Court has expanded on a previous decision to create a multi-pronged inquiry to determine whether a suit is essentially equitable, a move that causes two justices to worry the new test may often foreclose a defendant’s right to a jury on distinct and severable legal claims.

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Court issues rules on bulk access to Odyssey case records

After more than four years of requests from commercial case management system vendors, the Indiana Supreme Court has outlined how third-parties can interface with the state-provided system to provide broader public access to Indiana court records.

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Justices vacate transfer of insurance case

By a vote of 4 to 1, the Indiana Supreme Court has decided to vacate transfer to an insurance case that split the lower appellate court regarding the definition of “ever” on a home insurance application.

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Federal court fees, PACER charge going up

The policy-making body of the federal judiciary wants U.S. judges to limit how often they seal entire civil cases. In addition, the public access fee for all records is rising and other court fees are going up.

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Special masters named in judge’s disciplinary case

The Indiana Supreme Court has appointed three trial judges as special masters to preside over the disciplinary case of one of their city court colleagues from Lake County, who is accused of operating an illegal traffic school, dismissing cases without assessing required fees, and dissuading one litigant from contesting a seatbelt violation in court.

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Court reverses decision denying trial counsel appointment

The Indiana Court of Appeals has determined a Jay Superior judge didn’t look at a defendant’s “total financial picture” when assessing his need for a court-appointed attorney. It has ordered a new indigency evaluation and trial for the misdemeanor battery charge.

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Court sends reminder on permanent withdrawal rules

Note to Indiana attorneys: don’t permanently relinquish your law license in this state unless you’re absolutely sure you won’t ever want to return. If you do, don’t be surprised if you have to take the bar exam again.

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Justices consider state back-pay suit

Almost a year after the Indiana Court of Appeals significantly slashed a $42.4 million damages award against the state, the Indiana Supreme Court heard arguments Sept. 8 on whether past and present employees can recover back pay and how much should be awarded.

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