Articles

Justices hear 3 transfer cases, split over 3 more

Out of 25 cases, the Indiana Supreme Court chose only to hear three on petition to transfer, all of which the justices decided last week. Justices unanimously agreed to deny transfer in most of the cases but split over three cases it ultimately rejected to hear.

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COA to hear wrongful death appeal at Indy community center

Whether claims from a deceased man’s estate allege facts that fall under Indiana’s Medical Malpractice Act after he died from a leg injury will be argued during an Appeals on Wheels oral argument Wednesday at the Indianapolis Jewish Community Center.

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7th Circuit debt collection ruling creates split among circuits

A woman who wasn’t informed she needed to respond to a debt collection letter in writing lost at the 7th Circuit Court of Appeals, whose ruling that the collection agency simply made a mistake that didn’t cause her any injury created a split among circuit courts. Three judges authored a published dissent from a subsequent denial of rehearing en banc. 

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Justices: Trucking contract jurisdiction dispute may yield new rules

The Indiana Supreme Court affirmed the dismissal of a Hoosier trucking company’s amended complaint regarding a clause in a driver’s contract, although it found error with the dismissal’s basis on lack of personal jurisdiction. Justices also said this case will prompt consideration of rules so litigants can move to enforce contractual forum-selection clauses.

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Amish couple settles lawsuit over photos their faith forbids

An Amish couple with 13 children settled a lawsuit that accused federal officials of violating their constitutional rights by insisting they provide photographs of themselves before the Canadian wife’s request to become a permanent U.S. resident can be approved.

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Judgment for INDOT upheld in fatal crash litigation

Even though the Indiana Department of Transportation declined to install a traffic signal at a Tippecanoe County intersection where a deadly crash later occurred, the Indiana Court of Appeals has upheld summary judgment for the department, finding it was immune from liability under the Indiana Tort Claims Act.

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‘Red flag law’ changes narrow language, information gaps

Indiana is considered a leader in the red flag law movement that allows firearms to be confiscated from people deemed dangerous. But with language that some experts considered overly broad and potentially unconstitutional, the Indiana General Assembly revisited that legislation, known as the Jake Laird Law, during the 2019 legislative session.

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Civil commitment laws shifting across states

While Indiana justices recently stressed the great public importance of proper adjudication of soaring mental health filings, states across the country are dealing with rising caseloads in no uniform way.

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COA: No error in ruling over disputed gravel driveway

A dispute between two neighbors concerning who was permitted use a gravel driveway splitting their properties ended in favor of a woman who argued she paid taxes and had been using the entry for more than 20 years before her neighbors showed up.

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