Articles

Court rules on ADR sanctions, Open Door Law

Trial courts can sanction government entities through the state's Alternative Dispute Resolution Rules, but officials aren't necessarily acting in bad faith if they don't immediately approve mediated agreements to comply with the Indiana Open Door Law, the Indiana Supreme Court ruled today.

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Alarm company’s actions not covered by policies

The Indiana Supreme Court reversed the denial of summary judgment on an insurance company's coverage defenses, ruling its insured's actions leading to a lawsuit were "errors or omissions," and so weren't covered by the commercial general liability or umbrella policies.

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Prior conviction doesn’t fall under exception

The 7th Circuit Court of Appeals rejected a defendant's argument that his felon-in-possession indictment was insufficient because his previous conviction of stealing cable doesn't meet the definition of a "crime punishable by imprisonment for a term exceeding one year" under 18 U.S.C. Section 921(a)(20)(A).

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Judges differ on if ‘property damage’ occurred

A majority of Indiana Court of Appeals judges affirmed summary judgment in favor of a homebuilder's insurance provider, insurance broker, and subcontractor's insurer, ruling the damage to the homes wasn't "property damage" as covered by the insurance policies.

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Court: counties responsible for GAL, CASA fees

In a significant opinion about the funding of child welfare cases, the Indiana Court of Appeals ruled today that any guardian ad litem or Child Appointed Special Advocate fees associated with a child in need of services case must be paid by the county and not the state agency that lawmakers gave more oversight power to in the past year.

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Suit filed against Marion County traffic court

A suit filed today claims the Marion County traffic court judge is violating residents' constitutional rights by imposing additional fines on those who unsuccessfully challenge their tickets and closing proceedings to the public.

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BMV policy needed to prevent identity theft

The inconvenience of a few Hoosiers outweighs the very real threat of identity theft, so the trial court was correct in denying a preliminary injunction against the Bureau of Motor Vehicle's verification of records using Social Security Administration data, the Indiana Court of Appeals ruled today.

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Court split on ineffective trial counsel

A panel of Indiana Court of Appeals judges disagreed that an attorney was ineffective because the majority found the attorney told her client he "should" win the case whereas one judge pointed out in the record the attorney admitted to telling the client he "would" win.

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Court reverses interstate surrogate adoption

The Indiana Supreme Court reversed an adoption order granted to a New Jersey man of twin girls born by a surrogate in Indianapolis, ruling the Indiana trial court failed to comply with the Interstate Compact on the Placement of Children.

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Hearing officer appointed in prosecutor case

A hearing officer has been appointed in Delaware County Prosecutor Mark R. McKinney's discipline case. The Indiana Supreme Court made the appointment of Boone Circuit Judge Steve David in a Dec. 7 order.

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Judges differ in non-compete agreement case

In a legal dispute regarding a non-compete agreement, the Indiana Court of Appeals judges disagreed as to whether the agreement could be enforced if the former employee's clients voluntarily left and contacted him to continue to be their accountant.

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COA: No credit for pretrial home detention

The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.

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