Articles

COA upholds $78 million for state in IBM suit, awards IBM interest

The Indiana Court of Appeals has upheld a $78 million judgment in favor of the state and against IBM Corp. that was awarded as part of a long-running legal battle stemming from IBM’s breach of a contract to redesign the state’s welfare system in 2006. But the court also ordered the state to pay post-judgment interest to IBM on a $49.5 million damages award it previously received, overturning a lower court ruling on that issue.

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Foreclosure, judgment for Kokomo property owners reversed

An Indiana trial court must recalculate the amount of damages that must be paid by a couple who defaulted on a real estate contract after an appellate panel determined the trial court erred in allowing for both a forfeiture and foreclosure remedy for the default.

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DCS agrees reversal required in CHINS case over pot

The Indiana Court of Appeals reversed a child in need of services determination based on the Department of Child Services’ agreement that reversal was required because there was insufficient evidence to prove a mother’s marijuana use ever harmed her minor child.

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Appeals court reverses ruling for purchasers in rent-to-buy home case

Would-be homebuyers who won a fraud decision against a company that sells “rent-to-buy” fixer homes after they were evicted lost at the Indiana Court of Appeals on Thursday. An appellate panel reversed a ruling against Indianapolis-based Rainbow Realty, ordering Marion Superior Court to rule in its favor instead. 

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Public Defender Commission announces legislative priorities

The Indiana Public Defender Commission has announced plans to begin a legislative effort intended to stir statewide public defense reform, a decision that comes on the heels of a task force report that highlighted shortcomings in the Hoosier indigent defense system.

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Three magistrate finalists named for Lake County judgeship

Republican Gov. Eric Holcomb will select one of three magistrate judges to fill the vacancy on the Lake Superior Court created when Judge Elizabeth Tavitas was appointed to the Indiana Court of Appeals this summer. The Lake County Judicial Nominating Commission late Tuesday named magistrate judges Lisa A. Berdine, Thomas P. Hallett and Nanette K. Raduenz as finalists to succeed Tavitas in Lake Superior Court 3, family division.

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Justices amend appellate, small claims rules

The Indiana Supreme Court has issued several orders amending rules of the court. Among them is a change that requires any appellate party to seek court permission to amend a filed appendix, and allows trusts and trustees to represent claims of less than $1,500 without counsel in small claims cases.

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Termination of ex’s house payment obligation reversed

The Indiana Court of Appeals reversed a decision that found an “ambiguous” dissolution settlement agreement made no indication as to the father’s child support obligations and that his payments for a mortgage and car would supplement them.

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Lawsuits charge Rainbow Realty’s rent-to-buy contracts target the most vulnerable

A case before the Indiana Court of Appeals is at least the third pending suit involving Rainbow Realty and its rent-to-buy program. The Indiana Attorney General filed a complaint in Marion Superior Court in January 2013, and the Fair Housing Center of Central Indiana filed a class action in the U.S. District Court for the Southern District of Indiana in May 2017.

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