Articles

COA holds public trust rights rule along lakeshore

When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.

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COA affirms lifetime suspension of driving rights

A man who was caught driving with a suspended license cannot challenge the legality of the lifetime suspension of his driving privileges because the law in effect at the time of his arrest required the lifetime suspension, the Indiana Court of Appeals found Wednesday.

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7th Circuit rules Duke Energy must pay for wind-generated power

The 7th Circuit Court of Appeals reversed a district court decision Tuesday requiring Duke Energy to pay for power generated by a local wind farm only if it passes to a lower grid, deciding instead that the energy company is contractually obligated to pay for any generated power regardless of transmission issues.

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COA affirms dismissal of case due to res judicata

Res judicata prevents a title insurance company from taking a “second bite” at the apple, the Indiana Court of Appeals ruled Friday, in a case in which the company appealed dismissal of its second attempt to challenge an action by the Indiana Department of Insurance.

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Court affirms injunction preventing violations of non-compete clauses

After several employees from one civil engineering firm began soliciting employees from a competitor, the Indiana Court of Appeals held Wednesday that a trial court correctly issued a preliminary injunction to force the employees to comply with non-compete and non-solicitation clauses they had signed.

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COA upholds summary judgment in workers’ comp case

Although he was hired to work on a specific project for a southern Indiana construction company, a worker who was injured on a construction job must seek damages through Indiana’s Worker’s Compensation Act because he was considered an “employee” of the company.

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Judges: Parents, courts need guidance on discipline

The Indiana Court of Appeals upheld a man’s conviction for battery against his daughter on Wednesday but expressed concern over the lack of guidance courts are given when trying to determine when parental discipline goes too far.

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