Articles

Divided appeals court tosses Boonville annexation

The Indiana Court of Appeals reversed a trial court decision that upheld an annexation by the city of Boonville, finding that the trial court erred in counting separate state-owned parcels of a highway for purposes of remonstrance.

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Weinberger seeks sentence of time served

Former Merrillville ear, nose and throat doctor Mark Weinberger on Monday asked a federal court to sentence him to time served for the 22 counts of health care fraud to which he pleaded guilty.

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Justices tackle home foreclosure issue involving MERS

Indiana Justice Mark Massa, writing for the court Thursday, delved into the history of the Mortgage Electronic Registration Systems Inc. and its role in today’s mortgage industry in a case involving a foreclosed home in Madison County.

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Appeals court affirms rejection of HOA ‘abusive junk fee’

A Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive junk fee.”

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Death row inmate’s habeas petition denied

A federal judge in South Bend has denied a death row inmate’s request for habeas corpus, rejecting the man’s claims that he is mentally retarded and, therefore, cannot be sentenced to death.

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7th Circuit rules against fired animal shelter worker

The 7th Circuit Court of Appeals has affirmed summary judgment for the city of Jeffersonville after finding that a terminated employee’s lawsuit claiming her firing violated the Americans with Disabilities Act can’t proceed because the woman doesn’t qualify as “disabled” under the ADA.

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Defendant’s argument should be made to rules committee

In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence Rules Review Committee.

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Judges find no misconduct by hospital

The Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case – prior to trial.

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Fraternity pledge loses appeal involving alleged hazing incident

Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”

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Justices to hear negligent design case

The Indiana Supreme Court took three cases last week, including a lawsuit filed by a man rendered a quadriplegic after he fell out of a company truck while working for Richmond Power.

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