Justices vacate adoption decree
The Indiana Supreme Court ordered the adoption decree granted to paternal grandparents be vacated because they didn’t perform a diligent search for the biological mother.
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Unsuccessful Medicaid applicants aren’t entitled to in-person hearing
People whose applications have been denied for Medicaid disability benefits do not have a constitutional right to an in-person administrative hearing, the Indiana Court of Appeals has ruled.
Judges split on approving high-cost retraining tuition
A panel of judges on the Indiana Court of Appeals couldn’t agree on whether a laid-off man’s request for training at an expensive college should be approved.
Judge appoints former justice as trustee over Simon estate
A Hamilton County judge has ordered Bren Simon removed as personal representative and interim trustee over her late husband's estate, replacing her with a retired justice of the Indiana Supreme Court.
South Bend federal judge rules on FedEx class action litigation
A federal judge in South Bend has issued a significant 182-page opinion that holds FedEx drivers nationwide are independent contractors rather than employees entitled to back pay and full benefits.
Judges affirm complaint is time-barred
Although a trial court shouldn’t have adhered to its local rule because it failed to achieve “the ultimate end of orderly and speedy justice,” the Indiana Court of Appeals affirmed the lower court’s finding that a woman’s claim against her deceased husband’s former employer was time-barred.
Madison County joins Odyssey system
Madison County is the latest county to go online with the Indiana Supreme Court’s Odyssey case management system. The system connects counties to a network of courts, clerks, law enforcement, and other state agencies.
Appeals court recalls OWI decision
The Indiana Court of Appeals vacated a decision handed down Dec. 9 in which the court was split on the dismissal of a man’s operating while intoxicated charges. The issue was whether the charges should have been dismissed because the defendant didn’t know what vehicle he needed to defend against operating based on the charging information.
COA rules in favor of national organization in dispute over church property
The Indiana Court of Appeals was faced with an issue between a Vanderburgh County church and its former national organization involving what happens to the local church property once the local church defected to another Presbyterian organization.
Judge Fisher’s retirement ceremony Friday
A retirement ceremony for Indiana’s first Tax Court judge will happen Friday at the Indiana Statehouse.
Judges split on construction manager’s duty to injured worker
An Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally alter contracts” dealing with safety on jobsites.
COA rules in favor of town on breach of contract claim
The Indiana Court of Appeals reversed partial summary judgment to a city that collected a lower monthly bill rate than what was required for wastewater treatment from a town for 15 years and then sued to recover more than $500,000 it believed was owed to it. The city never informed the town the sewage treatment rate increased or that it was embroiled in a lawsuit over the matter.
Justices grant two civil cases, deny 27 appeals
The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.
BLE director resigns
The Indiana Supreme Court is searching for someone new to lead the state’s Board of Law Examiners after Linda L. Loepker resigned earlier this week.
Justices: sentence shouldn’t have been upped on appeal
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
7th Circuit order changes wording in public-records opinion
In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”
COA divided on dismissal of OWI charges
The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.
Justices split on imprisonment for violating probation
The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.
Appellate court to hear arguments in Fishers
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
Judge: not all farm expenses are tax deductible
A probate court incorrectly allowed an estate to deduct three farm-related expenses from its inheritance tax return, but affirmed the deduction of the remaining nine in question, the Indiana Tax Court ruled Tuesday.