Articles

Judge lets Tippecanoe Right to Life free speech case proceed

A Tippecanoe County anti-abortion group’s free speech lawsuit against the local public transportation company will continue after a district court judge denied Greater Lafayette Public Transportation Corporation’s motion for judgment on the pleadings.

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COA: ‘Irritated’ judge must make immigration findings

A trial court judge who refused to make federal findings regarding a minor litigant’s immigration status because he was “irritated” by having to deal with federal law must now consider the immigration questions after the Indiana Court of Appeals found the judge’s refusal was erroneous.

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Appeals court splits over ‘manifest injustice’ in resentencing

The majority of an Indiana Court of Appeals panel reversed the resentencing of a burglar who was serving an out-of-state sentence, holding that a harsher sentence that was imposed on a prior remand was a manifest injustice. But a dissenting judge wrote that the offender’s victims would suffer a greater injustice if the sentence is reduced.

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Divided justices deny child murderer death penalty relief

The Indiana Supreme Court has upheld the denial of post-conviction relief for a convicted child murderer and arsonist sentenced to death, finding that while the man’s counsel did make mistakes, those mistakes did not rise to the Strickland level of deficient performance. However, Chief Justice Loretta Rush dissented and would have allowed the case to proceed to a new penalty phase.

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Appellate court says preferred venue statute is void

The Indiana Court of Appeals has held that a statute concerning preferred venue in corporate lawsuits is void because it conflicts with an Indiana Supreme Court-adopted trial rule. The appellate court’s ruling upheld the denial of a change of venue motion in a medical malpractice case based on the statute being a nullity.

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Mom in wheelchair loses ADA access appeal against school district

A Warrick County woman who uses a wheelchair and was unable to attend her son’s school Christmas concert two years in a row lost her argument of discrimination under the Americans with Disabilities Act after it was determined the concert was not provided by the school corporation.

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Justices hear NIPSCO industrial users’ rate hike appeal

The Indiana Supreme Court heard oral argument Thursday morning on a utility rate increase case, hearing a northern Indiana utility industrial group’s appeal over whether a reversal of the Indiana Utility Regulatory Commission’s application of its own settlement orders conflicted with a prior settlement.

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Summary judgment for law firm in legal malpractice case reversed

The Indiana Court of Appeals has reversed and remanded summary judgment for an Indianapolis law firm in a legal malpractice case after finding a question of fact as to whether an auto company had a reasonable belief that its attorney was acting as an agent for the law firm.

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Justices: Proven misuse a defense to product liability claims

The Indiana Supreme Court has upheld the grant of summary judgment to a tool manufacturer sued after a man lost his eye while using one of the manufacturer’s products, finding the man’s misuse of the tool in question was the cause of his injuries and was a complete defense to his product liability claim.

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