Articles

Evolving law addresses coverage after hack

In what one justice described as an “emerging area of law,” the Indiana Supreme Court recently issued an opinion that insurance lawyers say provides, for the first time, concrete guidance in Indiana on how far computer fraud insurance can extend against hacks.

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Divided ruling: Felony reduced to misdemeanor means longer expungement wait

The Indiana Court of Appeals on Friday asked the Indiana General Assembly for guidance as it sharply divided over whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking to expunge their criminal records. The majority ruled they should, a result the dissenting judge called “unjust and ill-advised.”

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Summary judgment to railroad company on citations complaint reversed

A Virginia-based rail company must face the state of Indiana in court in a conflict over whether state-issued citations for blocking grade crossings were proper after the Indiana Court of Appeals determined Tuesday that federal law does not preempt state law governing how long a train can block a crossing.

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Challenge to alcohol permit presents issue of first impression

A liquor store seeking to challenge the type of alcohol permit awarded to a Hamilton County specialty food store does not have standing to pursue judicial review under the Administrative Orders and Procedures Act, the Indiana Court of Appeals ruled in a first impression case.

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COA: Trial courts can waive right to be at commitment hearing

State statute allows trial courts to waive respondents’ right to be present at their mental health commitment hearings, though the use of such statute should be limited only to cases where the evidence shows respondents’ presence would be injurious to their mental health, the Indiana Court of Appeals ruled Thursday in a precedent-setting case.

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Insurance policy v. public policy

A starkly divided Indiana Court of Appeals opinion over whether insurance should be in play after a bicyclist was killed by an unauthorized motorist may be appealed to the Indiana Supreme Court.

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Justices: Survivors cannot recover attorney fees

The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.

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