Articles

Indiana justices outline ‘improvement to real property’

For the first time, the Indiana Supreme Court addressed what constitutes an “improvement to real property” as mentioned in the construction statute of repose. In doing so, the justices reversed the trial court’s grant of a contractor’s motion for summary judgment in a wrongful death claim.

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COA: Prosecutor had ability to provide use immunity

The Indiana Court of Appeals relied on state Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by providing use immunity. The parents argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.

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CNO shareholder loses appeal

A Marion County court didn’t err when it granted insurance holding company CNO board of directors members’ motion to dismiss a shareholder’s lawsuit for failure to make pre-suit demand, the Indiana Court of Appeals concluded.

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Court split on man’s forgery conviction

The Indiana Court of Appeals was divided over whether a man who used another person’s Social Security number and a false identification should have been convicted of forgery under a 2005 amendment to the law.

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Judges order dispute be arbitrated

A complaint filed by a client against financial services companies and a former employee must be arbitrated per an agreement the client signed when opening an IRA account, the Indiana Court of Appeals concluded. The court split over whether one of the companies could compel arbitration.

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Justices reverse Tax Court in UPS case

The Indiana Supreme Court found that two reinsurance companies of the United Parcel Service are foreign companies that don’t do business within Indiana, so they aren’t exempt from Indiana adjusted gross income tax.

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SCOTUS rules on FCC case, still no health care decision

The highly anticipated decision by the United States Supreme Court on health care will come another day. The justices released four opinions Thursday, which did not include the challenges to the health care law. They did decide the case before them involving the Federal Communications Commission.

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Justices disbar Evansville attorney

The Indiana Supreme Court has disbarred an Evansville attorney who pleaded guilty in 2011 to Class D felony theft for exercising unauthorized control over more than $17,000 that belonged to 24 current or former clients.

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Man loses insanity defense appeal

A Marion County court correctly rejected the insanity defense entered by a man who suffers from bipolar disorder and alcoholism in his attempted murder bench trial, the Indiana Supreme Court ruled.

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Zionsville wins in appeal of zoning dispute with airport authority

The portion of Indiana Code that gives an airport authority the power to “fix and determine exclusively the uses” to which airport land may be put does not give the Hamilton County Airport Authority complete zoning jurisdiction over an airport it owns in Boone County, the Indiana Court of Appeals concluded.

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Appeals court reverses mortgage foreclosure

A pro se litigant in a Starke County foreclosure case will get a new day in court after the Indiana Court of Appeals ruled Tuesday that a judge erred when he granted summary judgment in favor of the bank.

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Court of Appeals upholds murder convictions

A man convicted of two murders failed in his appeal to the Indiana Court of Appeals, which ruled Monday that a Lake Superior Court did not err in allowing testimony about conflicting statements in reference to the fatal shootings.

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