Articles

Tax judge declines to require attorneys represent LLCs in court

The Indiana Department of State Revenue asked the Indiana Tax Court to create a rule requiring limited liability companies be represented by attorneys in court, similar to a rule pertaining to corporations, but Judge Martha Wentworth declined to “invent such a rule where one does not currently exist.”

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Man had no constitutional right to counsel

The 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.

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Inmate’s public records request denied

An inmate at the Pendleton Correctional Facility was unable to identify with reasonable particularity the records he sought from the Fort Wayne Police Department, the Indiana Court of Appeals concluded Wednesday. The case also allowed the judges for the first time to address “reasonable particularity” under the Access to Public Records Act.

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Judges order proceedings on guarantors’ liability

The Indiana Court of Appeals affirmed in part and reversed in part a dispute between a company and its mortgage holder regarding how money received from the city of Lawrenceburg as part of a settlement should be applied to the mortgage.

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Nurses may be expert witnesses in some standard of care disputes

The Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged breach caused an injury.

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Justices again take utility’s case against Fort Wayne

A decade-long legal dispute between the city of Fort Wayne and a water utility will make a second appearance before the Indiana Supreme Court. The case was the only one of 28 in which a petition seeking transfer to the high court was granted for the week ending Aug. 10.

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