Articles

COA upholds kidnapper’s sex offender status

A prisoner at the Indiana Department of Correction failed to convince the Indiana Court of Appeals that his sex offender classification should be dropped as the COA found it did not violate the ex post facto clause of the Indiana Constitution.

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Statute of limitations bars rate hike claim

The Indiana Court of Appeals ruled the statute of limitations had expired for a member of a power cooperative to challenge its parent company’s change from state to federal regulation and upheld summary judgment for the parent company.

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COA majority: Mayor has power to terminate utility superintendent

The Indiana Court of Appeals reversed summary judgment in a split decision Wednesday for former city of Lawrence Utilities Board Superintendent Carlton Curry, finding the newly elected mayor had authority to terminate Curry’s employment and therefore Curry can't prevail on a wrongful discharge claim.

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COA affirms $147,000 judgment against smelter manufacturer

The Indiana Court of Appeals affirmed a $147,000 judgment against a manufacturer of lead smelters, finding the trial court did not abuse its discretion when it entered default judgment against the company when it did not respond properly to a complaint.

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COA: Mother justified in deciding not to work as doctor

In a child support case in which a man challenged the decision by his son’s mother to quit her job as a doctor to stay at home with her children, the Indiana Court of Appeals found she had just cause to do so based on the sons’ special needs.

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Suspended attorney’s UPL convictions upheld

The Indiana Court of Appeals affirmed a suspended Elkhart attorney’s convictions of practicing law by a non-attorney after ruling there is sufficient evidence he continued to provide legal work after he was disciplined by the Indiana Supreme Court two years ago.

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Although unlicensed in county, contractor still owed for work

The Indiana Court of Appeals ruled a contractor violated the Home Improvement Contracts Act when he misled a family into thinking he was locally licensed and voided the contract between the two. However, the court said he should still be paid for the work he did because the family would be unjustly enriched if he was not paid.

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Contract’s ambiguities win homeowners a reversal

Owners of a shabbily built house will get another chance to hold their architects accountable for the construction headaches after the Indiana Court of Appeals found there are questions of material fact that should be considered.

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COA upholds adoption venue transfer

The Indiana Court of Appeals upheld transfer of an adoption petition from Greene to Monroe County Circuit Court, ruling Monroe was the preferred venue because of other cases related to the petition that also were happening there.

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