Articles

Bank’s arbitration award reversed for abuse of discretion

A small claims court’s confirmation of an arbitration award to a bank after its ‘dilatory conduct’ was reversed Thursday by the Indiana Court of Appeals, which found an abuse of discretion occurred in granting the bank relief several years after the case should have been dismissed with prejudice.

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COA to travel for three arguments next week

Three Appeals on Wheels oral arguments will be heard next week, involving wrongful termination of a hospital employee, suppression of evidence from a pat-down search and a hotel’s appeal of granted possession.

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Judge sanctions lawyer, ex-DOC nurse in inmate abuse case

After declaring her trust in the statements submitted by defendants in prisoner litigation cases “shattered,” a federal judge imposed sanctions — some as as severe as default judgment — on a former prison nurse and her attorney accused of misconduct as serious as perjury.

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Indiana leads 20-state coalition’s whistleblower brief

A scheme to award a multi-million-dollar no-bid subcontract to provide security in Iraq during the cleanup of munitions has put the spotlight on the federal False Claims Act and raised concerns among states, including Indiana, that a narrower interpretation of the long-standing statute could impact their ability to recover in whistleblower complaints.

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Charlestown residents challenging sale of water utility

A group of residents from Charlestown is challenging the sale of the local water utility to Indiana-American Water, a transaction that comes with a $13.4 million price tag. Charlestown officials say the sale will improve the local water quality in the long run while mitigating rate increases, but the challenging residents claim the opposite.

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Legal aid initiative enables those with disabilities

Tangram, a nonprofit in Indianapolis that provides support for individuals with disabilities, joined forces in 2016 with Indiana Legal Services to launch the Providing Legal Assistance to Individuals with Disabilities initiative. PLAID assistance has since improved the lives of hundreds of clients statewide.

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SCOTUS to determine when permits are necessary to pollute navigable waters

The US Supreme Court is reviewing a lower court ruling that seemingly expands the Clean Water Act. Under the 9th Circuit’s decision, any pollutant found in navigable water that is “fairly traceable” to a permittable discharge source is subject to permitting requirements, even if the source of the pollutant does not discharge directly into a navigable water.

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SCOTUS decision in Timbs civil forfeiture case just a start

The US Supreme Court decision in a landmark Indiana civil forfeiture case ruled that the Eighth Amendment Excessive Fines Clause is incorporated to the states, but Justice Ruth Bader Ginsburg’s opinion declined to answer one key question: When does the Eighth Amendment prohibit civil forfeiture?

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Ruling in smart meter case highlights privacy concerns

A ruling from the 7th Circuit Court of Appeals about smart meters inspired contradictory reactions as the appellate panel held that data collected through the devices by a public utility is protected by the Fourth Amendment, but then, in the next breath, found the search by the Naperville, Illinois, power company was reasonable.

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$50M HHGregg suit attacks insiders for accepting customer deposits to very end

A lawsuit quietly wending its way through a Marion County court zings former HHGregg CEO Bob Riesbeck and three other insiders of the failed chain, alleging they allowed it to continue accepting customers’ deposits on merchandise long after its tailspin cast doubt on whether it had the financial wherewithal or inventory to fulfill the orders.

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7th Circuit remands Indiana civil forfeiture case

In another dispute in an Indiana civil forfeiture case, the 7th Circuit Court of Appeals has denied issuing an opinion on a district court ruling that found parts of the state statute unconstitutional, finding the lower court was not given a chance to address the state’s effort to fix the problem.

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Man seeks return of 51 guns taken under ‘red flag law’

An Indianapolis man is again petitioning for the return of his 51 confiscated firearms after a judge previously determined him dangerous due to his bizarre behavior near a Bloomington bar. But an Indiana Court of Appeals panel Tuesday seemed to struggle with the argument that he was still dangerous six years later.

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High court deciding fate of cross-shaped Maryland memorial

Supporters of a cross-shaped memorial to veterans of World War I are asking the US Supreme Court to overturn a ruling that its location on public land in Maryland violates the First Amendment establishment clause. Justices will hear the case Wednesday.

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