Articles

Supreme Court provides clarity to maintenance agreement modification

If divorcing parties want to make judicial modification available for the maintenance agreements, they must say so in their contract, the Indiana Supreme Court pointed out Tuesday. Because a divorced couple’s maintenance agreement allowed for court intervention, the justices ordered the trial court to consider the wife’s request for modification.

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Defendant cleared ‘low bar’ to require reversal of summary judgment

The Indiana Supreme Court reversed summary judgment in favor of the state on its motion for forfeiture of cash found on a man accused of dealing cocaine. The justices found the man’s “self-serving” affidavit specifically controverted the state’s prima facie case that the cash was connected to drug crimes.

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Court affirms bank lacks standing to appeal termination of trusts

The Indiana Supreme Court agreed with the Court of Appeals that a bank’s appeal of the termination of two of its trusts must be dismissed for lack of jurisdiction. The bank, as trustee, lacked standing to appeal in its representative capacity and did not appeal in its individual capacity.

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Supreme Court recommends abolishing Marion County township courts

A report from the National Center for State Courts recommends the nine township small claims venues in Indianapolis transition into a unified section of Marion Superior Courts. The Indiana Supreme Court is asking lawmakers to abolish the current system and unify them with the Superior Courts’ Civil Division effective Jan. 1, 2016.

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Justices halt ruling striking down right-to-work law

The Indiana Supreme Court on Friday put on hold a lower court judge's ruling striking down the state's right-to-work law and denied a request that it be consolidated with a similar case, clearing the way for the justices to hear arguments on the issue next week.

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Attorneys want 2 right-to-work cases combined

The Indiana attorney general's office and attorneys for two sets of plaintiffs challenging the state's right-to-work ban on certain union fees want the Indiana Supreme Court to consolidate the cases.

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Justices reverse Tax Court ruling favoring Caterpillar

The Indiana Supreme Court Monday reversed a Tax Court ruling that favored Caterpillar Inc., holding the company could not deduct foreign-source dividend income when calculating its net operating losses for the years 2000 through 2003 for Indiana tax purposes.

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Judge denies stay in right-to-work law case

A northwest Indiana judge has rejected a request by the Indiana attorney general's office that he put on hold his order striking down the state's right-to-work law until the state Supreme Court rules on a similar case.

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Rush oath

Rush takes oath as chief justice

Choosing an intimate but profound setting in the Indiana Supreme Court Law Library to take the oath Monday as the state’s first female chief justice, Loretta Rush said the history in the tomes speak volumes to her.

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Rush to be sworn in as chief justice Monday

Indiana Justice Loretta Rush will officially become the Supreme Court’s chief justice Monday. Rush, along with current Chief Justice Brent Dickson, will be among those making brief remarks at the swearing-in ceremony.

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