Articles

COA orders return of gun to rightful owner

A man whose handgun was confiscated after police believed it was stolen will soon have the gun returned to his family. The Indiana Court of Appeals found Friday the man proved his mother was the rightful owner of the firearm.

Read More

COA: Trial courts can waive right to be at commitment hearing

State statute allows trial courts to waive respondents’ right to be present at their mental health commitment hearings, though the use of such statute should be limited only to cases where the evidence shows respondents’ presence would be injurious to their mental health, the Indiana Court of Appeals ruled Thursday in a precedent-setting case.

Read More

COA affirms GPS monitoring after violation of protective order

A Hendricks County man will remain on GPS monitoring after the Indiana Court of Appeals ruled Thursday his estranged wife presented sufficient evidence of his violation of a protective order and that he had notice of the possibility that he could be put on a GPS tracker.

Read More

7th Circuit affirms denial of disability benefits

The 7th Circuit Court of Appeals has affirmed the denial of a woman’s application for disability benefits after finding an administrative law judge properly determined the woman’s medical impairments did not prevent her from working certain jobs.

Read More

Tax Court rules in favor of exemptions for trucking company

The Indiana Tax Court has ruled in favor of a northern Indiana trucking company protesting a proposed tax assessment of nearly $500,000, finding the company’s use of its trucks were predominately related to public transportation during the years at issue.

Read More

Fired lab worker loses discrimination appeal

The 7th Circuit Court of Appeals has affirmed summary judgment for an Indiana laboratory after finding a former employee failed to prove his employment termination was based on his age and his filing of two claims with the Equal Employment Opportunity Commission.

Read More

7th Circuit sends contractual claims back to state court

A fixed based operator stationed at the Gary/Chicago International Airport must pursue its contractual claims against the airport authority in state court, as the FBO failed to present a constitutional claim that could be considered in federal court, the 7th Circuit Court of Appeals ruled Thursday.

Read More

Judge rules for National Lampoon, against fraudster Durham

National Lampoon will have to get in line with other victims who are owed millions after Indianapolis Ponzi scheme mastermind Tim Durham looted more than $208 million from investors in Ohio-based Fair Finance Co. Any recovery by the comedy conglomerate following a Monday court ruling is likely to assist Fair Finance victims.

Read More
eskenazi-6-2col.jpg

Fresh cases setting precedents in mental health law

Under what circumstances may someone be excluded from a hearing to determine whether they should be committed for mental health treatment? The Indiana Court of Appeals grappled with that question during oral arguments June 28, just one day after another panel ruled on another matter of first impression regarding involuntary commitment — the court itself noting scarce caselaw.

Read More

Mother’s consent to adoption not required, appeals court rules

A trial court properly determined that a mother’s consent was not required to the adoption of her child, the Indiana Court of Appeals ruled, finding that even though she had a difficult year in which she had no communication with her child, the law requires her to continue to foster her parental relationship.

Read More