Articles

Justices order trial on reasonable force issue

A law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from
liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme
Court held today.

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7th Circuit: Insurer can challenge its duty to defend

The 7th Circuit Court of Appeals has lifted a stay imposed by the District Court in Hammond on an insurer’s declaratory
judgment action regarding coverage of a physician who skipped town instead of facing criminal charges and civil suits.

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COA: negligence claim should go to trial

The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence
following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.

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Court rules on liability in nursing home accident

The Indiana Court of Appeals today turned to an issue that has been dealt with few times in state court history:

What happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers
arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident
on the front porch before crashing into the building itself?

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Justices rule on case about worker’s compensation, damages

Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered
guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining
punitive damage awards.

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7th Circuit addresses contempt proceedings, judicial safety

A federal appeals judge from Indianapolis penned a 7th Circuit Court of Appeals decision today that touches on free speech,
judicial safety, and contempt proceedings that stem from a case against a well-known radio personality and infomercial salesman
who promotes natural cures and alternative medicine.

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Mom may be liable for daughter’s accident

The Indiana Court of Appeals judges agreed that a mother may possibly be liable for her daughter’s accident in which
she struck a pedestrian with her car after drinking and talking on her cell phone at the time of the accident. The judges
didn’t completely agree as to why the mother may be liable.

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Suit filed after statute of limitations end

The Indiana Court of Appeals reversed summary judgment for a company that purchases and collects charged-off credit card debt, ruling the statute of limitations prevented the company from going after a delinquent consumer.

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COA upholds eviction action

A trial court properly treated a couple's action against the man who agreed to purchase a house from them
as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of
a pre-closing possession agreement like the one in the instant case.

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Appellate court upholds guardian appointment

The Indiana Court of Appeals affirmed the appointment of a third-party guardian for an incompetent adult because a disinterested person may hopefully prevent unnecessary disputes caused by mistrust between the woman's children and husband.

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Justices disagree about evidence issue

Indiana Supreme Court Chief Justice Randall T. Shepard didn't agree with his colleagues' decision that a defendant couldn't introduce evidence to dispute the judgment of an injured plaintiff's medical providers in choosing certain treatment.

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