Articles

Judges rule on legal malpractice action

The Indiana Court of Appeals concluded that a man has standing to pursue his legal malpractice action, although issues of material fact preclude him from summary judgment as to the attorney’s liability for malpractice.

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Closing Indiana’s largest MDL line

The final case in the Bridgestone/Firestone multi-district litigation has come to a close in the Southern District of Indiana, putting an end to a line of litigation that began more than a decade ago.

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Justices take state employee back-pay case

The Indiana Supreme Court will hear the case in which past and present state workers were initially granted more than $42 million in damages in their suit to recover back pay. That amount was later reduced by the Indiana Court of Appeals.

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Justices accept church-property dispute

The Indiana Supreme Court has agreed to take a case between a Vanderburgh County church and its former national organization dealing with what happens to the local church property after the local church defected to another Presbyterian organization.

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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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Mother’s rights at issue in COA reversal

The Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.

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COA: Tractor sale contract not enforceable

The Indiana Court of Appeals says it’s against public policy to uphold any civil contract that’s based on an illegal action, and so the court says it won’t create a rule allowing that transaction agreement to be enforced.

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Justices decide golf ball injury case

Taking a swing at an issue of first impression, the Indiana Supreme Court has ruled on a golf ball injury case and rejected the concept that a sporting event participant owes no duty of care to protect others from inherent risks of the sport in all situations.

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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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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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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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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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Supreme Court splits on Barrett Law sewer payment case

A divided Indiana Supreme Court has ruled that the City of Indianapolis didn’t violate the constitution by refusing to grant some homeowners’ refund requests for sewer project assessments they’d paid in full when other homeowners who’d made partial installment payments had the remaining balance of assessments owed discharged.

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Judge rules against former deputy in Taser suit

A federal judge has ruled in favor of the Hamilton County sheriff and other officials in a former employee’s lawsuit filed after the employee was fired for refusing to be shocked by a Taser as part of a training session.

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