City courts finishing e-filing rollout
Electronic filing is now available in the Lake County Hobart City Court, one of just a handful of city courts finishing out the e-filing rollout.
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COA affirms dismissal of mom’s false arrest claims
The Indiana Court of Appeals has affirmed the dismissal of a mother’s complaint against a deputy chief of police, which alleged he created a false affidavit for her arrest after she allegedly touched her child in an “abusive” manner.
Plaintiffs in RTFA dispute ask Indiana Supreme Court for review
Neighbors to an 8,000-head hog farm are asking the Indiana Supreme Court for relief, arguing Indiana’s Right to Farm Act does not give blanket immunity to all negligence and trespass claims. Martin Richard and Janet Himsel and Robert and Susan Lannon have filed a petition to transfer their complaint over a concentrated animal feeding operation near their farms in Hendricks County.
Reversal: Jury instruction on man’s failure to mitigate damages was error
A man who claimed a semi-truck driver and the driver’s employer caused him personal injuries after an interstate collision will receive a new damages trial after the Indiana Court of Appeals found that an instruction given to the jury on the man’s failure to mitigate his damages was erroneous.
Sex offender registration requirement reversed for voyeurism conviction
A man convicted of voyeurism won’t have to register as a sex offender, the Indiana Court of Appeals ruled, concluding the man was not convicted of a crime requiring that he do so.
History of judicial confirmation process to be featured at federal court symposium
The Southern Indiana District Court will be providing some perspective on the federal confirmation process as part of its 12th Annual Court History and Continuing Legal Education Symposium.
Chief Justice Rush delves into judiciary’s annual report
Situated at the head of a table in the Indiana Supreme Court’s law library, Chief Justice Loretta Rush shared her thoughts Wednesday on the judiciary’s recently released annual report.
Indiana boy, 15, sentenced in uncle’s death after house fire
A 15-year-old southern Indiana boy has been sentenced to 17½ years in prison after pleading guilty in a house fire that resulted in his uncle’s death.
Indy mayoral candidates want state law to better protect tenants
The major party candidates for Indianapolis mayor say they want to see changes in the state’s eviction laws that could help prevent some people from becoming homeless.
COA affirms denial of insurer’s motion to set aside default judgment
An insurance company failed to persuade the Indiana Court of Appeals to set aside a $400,000 default judgment against its insured defendants based on the argument that it had an interest in limiting future liability related to the underlying truck crash liability lawsuit.
Admission of parents’ drug tests upheld in TPR case
Parents who objected to the admission of drug tests in their termination of parental rights hearing were unable to convince the Indiana Court of Appeals that their children would not be affected by their drug use. The panel affirmed removal would be in the children’s best interests.
City ‘full speed ahead’ on Oaktree apartments demolition
Indianapolis officials said Wednesday they expect to move forward with demolishing a blighted northeast-side apartment complex, after the owner of the property failed to request a last-ditch hearing by the state’s high court.
Lawyer: Jury verdict should end Indianapolis skyline photo lawsuits
A federal jury in Indianapolis ruled against an attorney photographer Tuesday who has sued hundreds of people for using his online photo of the city’s sunny skyline. The verdict raised dark clouds over the presumption that the lawyer owns a legitimate, enforceable copyright of the photo.
Hammond City Court plans closure, gives deadline for new filings
After a protracted battle between the judge and the city, the Hammond City Court will not be accepting any new civil filings after Sept. 30 in anticipation of the court’s closure at the end of the year, according to a letter sent to local bar members from Hammond City Court Judge Amy Jorgensen.
Reversal: Appeals court strips charter schools of $8.5M tuition judgment
Several Indiana charter schools couldn’t convince an Indiana Court of Appeals panel that they are entitled to a semester’s worth of tuition support funding, as a trial court had ruled.
Appellate court affirms TPR case involving drug abuse
A mother struggling with drug abuse did not convince the Indiana Court of Appeals on Tuesday that her parental rights for her two sons should not be terminated.
Reversal: Homeowner cannot withhold HOA fees in protest
An Indianapolis resident who refused to pay his homeowner association fees due to the deteriorating conditions of the neighborhood couldn’t convince the Indiana Court of Appeals that he shouldn’t have to pay.
Proper forum for dispute is tax court, not bankruptcy
A federal appellate panel has answered questions as to whether a bankruptcy court can determine the amount of a debtor’s tax obligations when the debtor is unlikely to pay them. Although a U.S. Bankruptcy Court for the Southern District of Indiana answered yes to that question, a district judge disagreed.
COA dismisses ex-bank employee’s appeal in noncompete case
The Indiana Court of Appeals has dismissed a man’s appeal of a preliminary injunction against him in a noncompete dispute with the bank that formerly employed him.
Justices order new drunken driving trial after possible juror bias
A woman convicted on a drunken driving charge will get a new trial after the Indiana Supreme Court unanimously threw out her conviction on Friday. The justices remanded the Marion County case because the trial court did not hold a hearing to determine whether the defendant could have challenged a selected juror who later admitted that a family member had been killed by a drunken driver.