Articles

Supreme Court clarifies employment discrimination case

The Indiana Supreme Court clarified an employment discrimination case Friday afternoon in one of the last opinions written by retiring Justice Brent Dickson. The decision explained when summary judgment should be used and what courts should be looking for when deciding such cases, ultimately affirming the Court of Appeals.

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COA: Federal statute supersedes state one

The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.

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COA majority: Conditional language is still a threat

The Indiana Court of Appeals affirmed a man’s conviction for Class A misdemeanor intimidation in a 2-1 decision after it found the conditional language he used in the threat placed his victim in danger of retaliation for a lawful act.

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COA: Man’s habeas petition should be dismissed

The Indiana Court of Appeals remanded a man’s petition for habeas corpus and ordered the trial court to dismiss his claims after the judges said he improperly filed his petition without permission from the court.

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Supreme Court declines to rule on legislative emails case

The Indiana Supreme Court on Tuesday affirmed dismissal of a case where the Energy and Policy Institute requested copies of correspondences from state Rep. Eric Koch under the Indiana Access to Public Records Act. The court said while APRA can be applied to the General Assembly, the specific issue of whether Koch’s emails are exempt from disclosure in this case under the work product exemption is non-justiciable.

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COA: Minor lacks standing in suit against health department

The Indiana Court of Appeals found a minor was not in danger of sustaining injury from storage of her dried blood spot by the Indiana Department of Health and therefore lacked standing to bring a lawsuit, affirming the judgment of the Marion Superior Court.

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COA: Man entitled to full length of disability benefits

The Indiana Court of Appeals reversed a workers’ compensation board decision and found a man was entitled to the full amount of temporary total disability he requested. His employer did not provide him notice about what would happen if he refused the sedentary job he was offered and the judges held he did not waive the issue.

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Justices affirm domestic violence determination

The Indiana Supreme Court sided with the trial court and overturned a Court of Appeals ruling Tuesday, finding a man’s domestic violence determination did not violate his Sixth Amendment right to trial by jury, and the evidence was sufficient to affirm his conviction.

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7th Circuit: 4th, 6th Amendment rights not violated in gun case

The 7th Circuit Court of Appeals said a firearm discovered by police was not the product of an illegal seizure and affirmed the denial of a man’s motion to suppress it. The court also held the statement he gave to police did not violate his Sixth Amendment right to counsel.

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COA: Commissions do not qualify as wages under Wage Payment Statute

The Indiana Court of Appeals found commissions paid to a woman who was working as a salesperson at a furniture store did not qualify as wages, and therefore granted summary judgment to the store. The woman claimed her commission payments were not paid within the 10-day limit required under the Indiana Wage Payment Statute.

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