Articles

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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Landlord sent itemized letter on time

The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.

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Judges split on District Court’s use of Colorado River abstention doctrine

The 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the homeowners’ suit based on the Colorado River abstention doctrine.

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COA rules on unjust enrichment issue for first time

For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.

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First impression issue on ‘in loco parentis’ doctrine

Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.

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COA affirms transfer penalty for nursing home resident

The Indiana Court of Appeals has affirmed a finding by the Family and Social Services Administration that an elderly woman was not entitled to Medicaid nursing home benefits in the eight months after she gave $35,500 to her nephew and his wife.

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Judges address ‘public utility’ questions

In a case of first impression in this state, the Indiana Court of Appeals has determined that BP Products North America Inc.'s petroleum refinery plant in northern Indiana isn’t a public utility as defined by state statute when it acts as a sort of conduit and provides natural gas and other services such as steam and wastewater to other private companies nearby.

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Justices dismiss appeal

The Indiana Supreme Court has dismissed an appeal in an insurance case involving attorney-client privilege because the parties have reached a mediated settlement.

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State responsible for costs in relocating Medicaid patients

Indiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana Court of Appeals ruled Monday.

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COA: personal injury action should be allowed to proceed

The Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.

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Judges divided on calculation of damages after negligence

The Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because the deceased man had at least a 50 percent chance of survival before the medical negligence.

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Coroner’s office loses 2nd reverse-discrimination appeal

The 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic pathology company’s contract may have been based on race.

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COA reverses judgment in title insurance issue

The Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.

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7th Circuit rules on Rolls-Royce job-bias case

A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.

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