Articles

IDEM could fire employee for ethics violation

The state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.

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City violated constitution in denying refunds

The city of Indianapolis' refusal to grant some homeowners' requests for a partial refund of Barrett Law assessments violated the Equal Protection Clause, the Indiana Court of Appeals ruled today.

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Farming dispute creates first impression issue

In a ruling from the Indiana Supreme Court on an issue of first impression, two of the state's five justices fear a new holding will have far-reaching impact not only on the forfeiture cases at issue, but also mortgage foreclosure cases impacting the commercial and industrial real estate world.

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COA: Bank didn’t breach duties as trustee

Although tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the bank acted in good faith.

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Writers lose appeal against newspaper

Two former editorial writers at Indiana’s largest newspaper failed to prove they were the victims of religious discrimination, the 7th Circuit Court of Appeals ruled today.

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COA: Annexation should have been granted

The Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.

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Court upholds preliminary injunction

Hoosier Energy Rural Electric Cooperative has until the end of the year to find a replacement holder for its credit-default swap or an insurance company will be able to collect on the security.

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Fax confirmation creates issue of fact

The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.

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Worker’s entire service decides FMLA eligibility

In an issue of first impression, the majority of Indiana Supreme Court justices ruled an employee filling multiple positions with the same employer is eligible for leave under the Family and Medical Leave Act if the employee’s total service is sufficient to qualify, even if the service in either position alone doesn’t qualify.

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COA: Plaintiff class in FSSA suit too broad

The Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties don't claim this action alters their appeal.

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Lawyer failed to deny note execution under oath

Because an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court of Appeals ruled today.

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Court upholds injunction in easement case

The Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts, and other objects were placed along a disputed easement area to prevent people from driving along it.

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Township assessor loses appeal

The Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted a bill that eliminated her office and transferred her duties to the county assessor.

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COA upholds dismissal of proposed class

Potential plaintiffs who want to join a class action suit seeking redress under the state's Wage Claims Statute must first submit a claim to the Indiana Department of Labor, the Indiana Court of Appeals upheld today.

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Judges: amendment not retroactive

The 7th Circuit Court of Appeals ruled today that an estate's interpretation of a 2003 amendment to Indiana Code would threaten the fiscal health of governmental entities and that the amendment isn't retroactive.

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COA declines ruling on constitutionality of plan

The Indiana Court of Appeals declined to address the constitutionality of a Department of Correction program for sex offenders based on the deficient record before it and because the appellate court could decide the case without ruling on the constitutionality of the program.

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COA: Insurance funds aren’t a money judgment

In a matter of first impression, the Indiana Court of Appeals decided today that a summary judgment granting insurance policies isn't equivalent to a money judgment that would allow for 8 percent post-judgment interest.

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COA: Only deceased’s parent can have visitation

A paternal grandmother whose son was convicted of manslaughter in the death of his child's mother doesn't have standing to petition for visitation with her grandchild under the Grandparent Visitation Act, the Indiana Court of Appeals ruled today.

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