Articles

Justices rule on construction manager’s duty for jobsite safety

The Indiana Supreme Court has held that a construction manager on the Lucas Oil Stadium construction project didn’t have a legal duty to ensure jobsite safety to a subcontractor’s employee either by contract or individual actions, and as a result, cannot be held liable for workplace negligence.

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High court upholds stalking conviction

It’s up to a trier of fact to determine if someone’s conduct involved repeated or continuing harassment to qualify as stalking, the Indiana Supreme Court ruled, since there is no statutorily determinate timeframe required for this type of conviction.

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Majority upholds finding of contempt

Three Indiana justices affirmed a trial court order finding a business owner, his attorney and an environmental firm in contempt for doing work on a site with possible environmental issues after a temporary restraining order had been issued.

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Supreme Court declines to set aside tax deed

The Indiana Supreme Court has reversed a trial court’s decision to set aside a tax deed, finding the Marion County auditor’s office satisfied the due process requirement articulated by the United States Supreme Court.

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Justices explain opinion in IBM case

Last month, the Indiana Supreme Court ruled that Gov. Mitch Daniels doesn’t have to testify in the dispute between the state and IBM regarding a cancelled contract to modernize the state’s welfare system. On Wednesday, the justices explained their reasoning.

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Justices rule on underinsured motorist coverage case

The Indiana Supreme Court has held that a tortfeasor’s vehicle was underinsured according to state statute because the benefit amount actually paid to a woman was less than the per-person limit of liability of the underinsurance endorsement of an insurance policy that applied to all the family members involved in the accident.

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Supreme Court rules on habitual-offender filing issue

The Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether the trial court properly determined he was a habitual offender that could receive an enhanced sentence.

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Justices base ruling on level of intent

The Indiana Supreme Court has determined that not enough evidence of intent existed for a judge to grant summary judgment for a bank alleging a business owner committed fraud.

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Justices rule on railbanking certified question

The Indiana Supreme Court has issued an answer to a certified question about how state law plays into a federal railroad right-of-way case that involves property owners who want their land rights back for easements that once belonged to a railroad company.

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Justices take 5 cases

The Indiana Supreme Court accepted transfer to five cases last week, including a challenge to the school voucher program.

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Comment needed on proposed rule changes

The Indiana Supreme Court Committee on Rules of Practice and Procedure is seeking comment on several proposed rule amendments, including revisions to change of venue in civil and criminal cases and continuing legal education.

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Supreme Court rules Charlie White was eligible to assume office

The Indiana Supreme Court has held that Charlie White was eligible to assume the office of secretary of state after being elected to that post in the 2010 general election. The justices point out the average voter was aware of concerns surrounding White’s voter registration history and they will not, on the basis of the petition before them, “judicially disenfranchise voters who went to the polls.”

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