Articles

Issue of fact precludes summary judgment in insurance case

Neither side in a dispute over whether a deceased man’s auto insurer should provide coverage for losses from an accident that occurred while he was driving his girlfriend’s car is entitled to summary judgment, the Indiana Court of Appeals ruled Wednesday. A genuine issue of material fact remains as to whether the girlfriend’s car was furnished or available for the man’s regular use.

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Proposed rules provide uniformity for parenting coordinators

The use of parenting coordinators is increasing around the state. But depending on where you are in Indiana, the authority of the parenting coordinator – PC – may differ. In an effort to create uniformity, rules are being proposed that would regulate the role and authority of PCs.

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High court rules man could be retried

The Double Jeopardy Clause of the U.S. Constitution doesn’t prevent the state from retrying a man who was acquitted by a jury in the murder of one person, but in which the jury couldn’t return a verdict on the defendant's attempted murder charge of another man, the Indiana Supreme Court held Wednesday.

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Judges split on mortgage issue

In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.

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Supreme Court receives threats after ruling

The Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said Hoosiers can’t resist unlawful entry into their homes by police.

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Tax Court warns against arguing wages aren’t taxable

In rejecting a man’s argument that his employment wages shouldn’t be subject to Indiana’s adjusted gross income tax, the Indiana Tax Court warned that those who present a similar argument in the future may be subject to paying the attorney fees of the other party.

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DOC drops kosher meal appeal

The 7th Circuit Court of Appeals has granted the Indiana Department of Correction and other appellants’ motion to dismiss their appeal of a case in which a federal judge found the DOC violated prisoners’ rights by denying kosher meals.

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COA orders trial court to define, locate easement

A trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled the Indiana Court of Appeals.

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Disciplinary charges filed against Hamilton County judge

The Indiana Commission on Judicial Qualifications has filed disciplinary charges against Hamilton Superior Judge William Hughes. The charges are related to the judge’s arrest for driving while impaired and later guilty plea to misdemeanor reckless driving in North Carolina.

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Governor vetoes forfeiture legislation

Gov. Mitch Daniels has vetoed Senate Enrolled Act 215, which designated what percentage of funds from forfeitures would go to prosecutors, law enforcement, and the Indiana Common School Fund.

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Perry County only preferred venue for wage suit

In an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed by the Commissioner of Labor under the act.

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Justice: Ruling lets government agents enter homes illegally

Two Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that government agents may now enter their homes illegally.”

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Schools dropping school-funding lawsuit

The three Indiana school districts and parents who filed a lawsuit against the governor and other state officials over school funding are dropping the suit due to recent legislative action.

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7th Circuit rules in favor of bank in lien dispute

The 7th Circuit Court of Appeals had to decide whether the relevant property in a dispute between a bank and the Internal Revenue Service was the real estate the bank owned or if it was the rentals of that property. Whether the IRS’ tax lien could take priority over the bank’s lien hinged on the answer.

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