Indiana grandparents petitioning for visitation face long odds
The courts are limiting relatives’ rights while the Indiana General Assembly seeks to expand them.
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Complexity of new expungement law raises questions
Hundreds rushed to a clerk’s office July 1 on a mistaken belief that was the only day they could petition to have their criminal records expunged.
7th Circuit reverses sanctions against Plews Shadley, other firms in False Claims Act case
After finding that a federal court in Indianapolis erred in dismissing a former ITT Educational Services Inc. employee’s False Claims Act lawsuit, the 7th Circuit Court of Appeals reversed the nearly $350,000 in sanctions imposed against three law firms representing the woman.
7th Circuit dismisses campground owner’s appeal after raising new arguments
A Cedar Grove campground owner’s appeal regarding the judgment that the campground is subject to the Safe Drinking Water Act raised an “interesting question,” the 7th Circuit Court of Appeals noted, but the judges dismissed the appeal because the owner raised arguments for the first time on appeal.
COA reverses denial of petition to dismiss protective order
A Jackson Superior Court erred in denying a couple’s request to dismiss a protective order the wife had taken out against her husband, the Indiana Court of Appeals ruled, because the statute contains the word “shall” regarding the court’s actions when one files for a dismissal of the protective order.
Lawmakers put more teeth into consumer protection of Indiana seniors
Indiana seniors get some new consumer protections July 1. As a group, they also get a little younger.
Statement in tort claim does not prevent woman from trying to recover for injuries
Even though a woman originally stated she did not suffer any injuries after her vehicle was rear ended by a police car, the Indiana Supreme Court has ruled she can file a subsequent complaint against the municipality and the police department for personal injuries.
Aromatherapy distributors challenge new ‘look-alike’ synthetic drug law
Four companies that sell novelty items, aromatherapy products and other items have filed a lawsuit against Indiana’s prosecutors, alleging a newly enacted law that makes it illegal to possess or deal “look-alike” synthetic drugs is unconstitutional.
Prior knowledge of criminal history allows FSSA to disqualify employment
The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.
Legislative Council approves interim committees but concedes number becoming unwieldy
While Indiana’s Legislative Council passed by consent Thursday the resolution creating 18 commissions and interim study committees, leaders in the Indiana House of Representatives voiced concerns over the growing number of summer study committees and unwieldy list of topics to review.
COA rules for first time on retroactivity of Mineral Lapse Act
The Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.
Convenience stores sue to be able to sell cold beer
The Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.
Governor signs JTAC, workers’ comp bills into law
The Division of State Court Administration’s Judicial Technology and Automation Committee will see a temporary boost in funding for its Odyssey case management system under a new law signed by Gov. Mike Pence.
Pence signs into law changes to sex offender registry
Changes are coming to Indiana’s sex offender registry, thanks to a new law signed by Gov. Mike Pence Thursday.
Woman who used FedEx to send med mal complaint didn’t timely file
Third-party carriers are not included in the statute regarding filing proposed medical malpractice complaints with the Indiana Department of Insurance, so a woman’s complaint that was sent via FedEx within the two-year statute of limitations – but not stamped until after the limitations expired – is not considered timely filed, the Indiana Court of Appeals ruled.
Attorney General touts consumer bills passed in 2013 legislative session
Indiana Attorney General Greg Zoeller applauded the Legislature on the number of bills it passed this session which, he said, support law enforcement as well as serve and protect the state’s residents.
Criminal code and expungement bills signed by governor
Indiana Gov. Mike Pence signed two bills today that could significantly transform Indiana’s criminal judicial system.
Store owner’s ‘Spice law’ prosecution may proceed, COA rules
The state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative authority to the Board of Pharmacy.
Commission on improving status of children established under new law
Gov. Mike Pence signed Senate Enrolled Act 125 Tuesday which creates a commission that will study issues and take actions relating to children in Indiana.