Articles

Suit: Kids in CHINS cases need attorneys

A nonprofit that gave Indiana an F grade in how the state provides for minors in child in need of services and termination of parental rights hearings asserts in a new lawsuit that children a have right to counsel so their voices be heard in court.

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Tax Court affirms reduced Jeffersonville Meijer assessment

The Clark County assessor has lost her appeal of a determination that lowered the assessed value of a Jeffersonville Meijer store when the Indiana Tax Court found she failed to prove the decision was contrary to law, unsupported by substantial evidence, or was an abuse of discretion.

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Creation of agency settlement fund rankles Indiana AG

Indiana’s attorneys general have long participated in and even led multistate settlement work, but statutory language quietly slipped into the biennial budget during the 2017 legislative session has changed where the state’s portion of the money goes. And Indiana Attorney General Curtis Hill’s office says the switch has curtailed the investigations it can now pursue.

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Judge: Exonerated man’s suit against Elkhart police may proceed

A civil rights lawsuit filed by pardoned ex-prisoner Keith Cooper has been allowed to continue, with a federal judge ruling Tuesday that Cooper’s federal malicious prosecution and related claims are not time-barred. However, the judge also raised questions as to whether the relevant statute of limitations should be revised.

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Justices: Drive-away driver properly classified as contractor

A “middleman” business that matches drivers with customers needing drive-away services properly classified one of its drivers as an independent contractor instead of an employee, the Indiana Supreme Court ruled in an opinion meant to resolve a conflict between two lower court rulings.

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Ambiguous weight limit statute leads to infraction reversal

The ambiguity of a state statute means a man performing farm drainage work in Henry County did not commit an infraction by driving his heavy equipment on a state highway, the Indiana Court of Appeals has ruled. However, the court noted its ruling was limited specifically to the facts of the instant case and was not an opinion on how the ambiguity might affect other circumstances.

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Judgment for mesh implant makers upheld after woman’s death

The estate of a woman who died after a surgical mesh patch was implanted in her body will not be able to proceed with a lawsuit against the patch’s manufacturer and patent holder after the 7th Circuit Court of Appels upheld summary judgment for the defendants Tuesday.

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Daughter’s estate appeal backfires; COA awards fees

The Indiana Court of Appeals found a trial court’s decision to approve an estate administrator’s final account was not clearly erroneous. Instead, it noted that a woman appealing the order acted in procedural bad faith, and thus ordered her to pay appellate attorney fees.

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Justices agree to again hear long-running IBM dispute

A years-long legal battle between the state of Indiana and IBM Corporation over a failed welfare benefits processing upgrade will continue now that the Indiana Supreme Court has again granted transfer to the long-running dispute.

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