The Indiana Supreme Court has held that the notices sent by the state Family and Social Services Administration to inform applicants they were denied Medicaid, food stamps, or family assistance benefits are unconstitutional under the 14th Amendment’s due process clause because they do not sufficiently explain the reasons for being denied.
In declaring precedent from 1904 bad law, the Indiana Supreme Court has determined that individuals who’ve voluntarily left employment can pursue a claim against their former employers under the state’s blacklisting statute.
Former U.S. Attorney General John Ashcroft will deliver the keynote address at Notre Dame Law School’s Journal of Law, Ethics and Public Policy symposium March 26.
Indiana Attorney General Greg Zoeller announced Wednesday that funds from a multi-million dollar mortgage lending settlement will benefit low-income homeowners who need help with utility bills.
The Indiana Court of Appeals reversed a trial court in a property dispute, but Judge Ezra Friedlander disagreed with the majority based on his interpretation of “conspicuous change.”
A divided Indiana Supreme Court has held that the pollution exclusion contained in a general commercial liability policy is ambiguous and should be construed to provide coverage rather than in favor of the insurance company trying to deny coverage.
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.
The Indiana Court of Appeals made two minor corrections to its original opinion ordering an attorney to pay appellate fees due to his conduct in a purported class-action lawsuit against Clarian Health Partners, but upheld the order the attorney pay the fees.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Donald L. Webb, III v. Sheriff Kenneth A. Murphy and Town of Brookville, Indiana; Terry Mitchum (NFP)
24A04-1104-CT-197
Civil tort. Affirms trial court’s ruling in favor of Franklin County Sheriff and Town of Brookville on claims of battery and intentional infliction of emotional distress, finding the fundamental error doctrine does not apply and the trial court did not abuse its discretion in exempting the defendants’ expert from a separation of witnesses order.
In Re: The Marriage of Lisa Mae Slayback Gillispie v. Danny Lee Gillispie (NFP)
15A01-1108-DR-364
Divorce. Affirms trial court’s division of martial property.
The Marriage of: Donald J. Shaughnessy, Jr. v. Lyn A. Shaughnessy (NFP)
06A01-1107-DR-347
Divorce. Affirms trial court’s decision to deny an order for equal division of a marital estate.
Demitrus L. Grant v. The Bank of New York (NFP)
49A02-1104-MF-485
Mortgage foreclosure. Dismisses Demitrus Grant’s appeal for lack of jurisdiction, finding that the trial court’s denial of motion to dismiss the complaint against Grant is not a final appealable order and Grant didn’t ask the trial court to certify the issue for interlocutory appeal.
Kenny Green v. State of Indiana (NFP)
49A02-1107-CR-611
Criminal. Affirms Class A felony rape and Class D felony auto theft convictions and aggregate 40-year sentence.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Sheila Perdue, et al. v. Michael A. Gargano, et al.
49S02-1107-PL-437
Civil plenary. Reverses in part Marion Superior Judge David Dreyer’s ruling on challenge to Indiana Family and Social Services Administration’s automated system of processing claims for Medicaid, food stamps, and temporary assistance. Holds that the FSSA’s denial notices are insufficiently explanatory but that the agency may deny an application when that person fails to cooperate in the eligibility determination process. Affirms in part the trial court’s grant of Sheila Perdue’s summary judgment motion on the grounds that she’s entitled to reasonable accommodations in applying for benefits but that does not necessarily require a caseworker or case management services.
This year’s Monsanto Lecture at Valparaiso University Law School will feature University of Michigan Law School professor Scott Hershovitz. His presentation is entitled, “What does tort law do? What can it do?”
Indiana Court of Appeals
Jody Brewster v. State of Indiana (NFP)
49A02-1109-CR-450
Criminal. Affirms conviction of Class D felony theft.
John W. Kimbrough v. State of Indiana (NFP)
45A04-1106-CR-328
Criminal. Affirms four convictions of Class A felony child molesting. Reverses sentencing order and remands to the trial court to enter a sentence as outlined in the opinion. Judge Mathias concurs in part and dissents in part.
Indiana Supreme Court
State of Indiana v. International Business Machines Corporation
49S00-1201-PL-15
Civil plenary. Holds that Indiana Code 34-29-2-1 – providing that the governor of the state of Indiana is “privileged from arrest on civil process, and from obeying any subpoena to testify” – operates to preclude a trial court from issuing an order to compel the governor’s deposition in a contract dispute brought by the state of Indiana against a contractor. Justice Sullivan concurs in result.
Indiana Gov. Mitch Daniels signed Senate Enrolled Act 1 into law Tuesday evening. The legislation deals with the right of people to defend against unlawful entry and was created in response to the Indiana Supreme Court ruling in Barnes v. State.
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.
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.
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.
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.
The Indiana Court of Appeals upheld the murder conviction of a defendant who killed a Bloomington man in response to a sexual assault, but found the circumstances around the killing warranted a lesser sentence.
The Indiana Court of Appeals has upheld the decision to release a surface mining reclamation bond obtained by a mining company, finding the reclamation requirements of the Indiana Surface Mining Control and Reclamation Act have been satisfied.