Articles

Doctrine of continuing wrong not applicable to man’s malpractice claim

The Indiana Court of Appeals reversed the denial of summary judgment in favor of a physician and a medical group on a patient’s claim of malpractice after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.

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Residents not entitled to refund for alleged Barrett Law violations

The city of Indianapolis does not have to pay nearly $3 million in damages to residents who paid in full their share of the costs of sewer improvements. A couple sued after discovering the city had changed its financing plan and forgave future payments by those who still owed the city.

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Indiana Supreme Court upholds right-to-work law

The Indiana Supreme Court has ruled that two sections of the state’s right-to-work law do not violate the Indiana Constitution. A Lake County judge declared the challenged statutory provisions unconstitutional in a July 2013 ruling.

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Judges uphold denial of motion to suppress on rehearing

The Indiana Court of Appeals, after clarifying a point in their original opinion, still did not believe that a police detective tried to mislead a judge in order to obtain a search warrant. The judges upheld their original decision that affirmed the denial of a man’s motion to suppress evidence collected at his home following drug deals.

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COA: Insurance agent did not have duty to advise

The Indiana Court of Appeals affirmed summary judgment in favor of an agent and an insurance company after the owner of a pub sued them believing they owed a duty to advise that the policy the pub chose would be insufficient to cover the replacement cost of the building.

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Judges reverse teen’s adjudication for resisting law enforcement

Citing lack of evidence, the Indiana Court of Appeals reversed an Indianapolis teen’s adjudication as a juvenile delinquent for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. None of his actions suggested any criminal activity was afoot.

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Man didn’t prove ineffective assistance of counsel

The Indiana Supreme Court affirmed the denial of post-conviction relief for a man who charged his attorney was ineffective for not doing a better job arguing the sufficiency of the evidence to prove the defendant conspired to commit dealing cocaine.

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Justices: Pattern Jury Instruction 9.05 is correct statement of law

Clearing up confusion among the courts as to whether a jury instruction regarding the definition of “intentionally” can include that the defendant intended to “cause the result” of his conduct, the Indiana Supreme Court affirmed Pattern Jury Instruction 9.05 represents a correct statement of the law.

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Justices reverse judgment for defendants in suit involving student’s death

The Indiana Supreme Court has ordered further proceedings in a negligence lawsuit filed by the parents of a special needs student who died after choking on her lunch at school. The justices found there are questions as to whether the parents complied with tort claim notice requirements, so judgment in favor of the defendants is not proper.

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