Articles

Man pleads guilty to espionage, theft

A Chinese national and former employee of Dow AgroSciences LLC pleaded guilty Tuesday to economic espionage and theft of trade secrets in federal court. Kexue Huang’s case is the first prosecution in Indiana for foreign economic espionage.

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COA: Judge erred in giving jury instruction

A Jefferson Superior judge erred in giving a jury an instruction on a lesser included offense of domestic battery because there wasn’t a serious evidentiary dispute about whether the battery was committed in the presence of children, the Indiana Court of Appeals held Thursday.

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Appellate court reverses summary judgment for insurer

The Indiana Court of Appeals reversed summary judgment in favor of a hotel’s insurance company in a negligent hiring suit, ruling there is a question as to whether the teenage hotel guest was under the “care, custody or control” of the hotel at the time the teen was molested by an employee.

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Appellate court tackles child support issues

In three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could have their support obligations modified.

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Judges rule against hospital in fee suit

Citing caselaw that goes back 120 years, the Indiana Court of Appeals reversed a Marion Superior judge’s dismissal of a complaint against a central Indiana hospital pursuant to Indiana Trial Rule 12(B)(6).

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Guidance offered on incarcerated parents’ attendance at termination hearings

Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.

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State justices accept certified question

The Indiana Supreme Court will consider a certified question from federal court concerning disability pension funds for police and firefighters who are already eligible and receiving benefits governed by Indiana statute.

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Deputy owed no duty to warn of icy road

A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.

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Judges uphold admission of robbery confession

A trial court did not err in admitting evidence of uncharged misconduct from another incident during a defendant’s trial for robbery, the Indiana Court of Appeals ruled Monday. The evidence contained a letter that helped corroborate the man’s confession to the robbery.

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Justices agree subsidiaries are not new employers

Emphasizing its ruling only deals with determining the proper merit rate for unemployment fund contributions, the Indiana Supreme Court ruled a manufacturer did not create employers through its new subsidiaries, so it wasn’t entitled to a lower rate.

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Circuit Court rules in favor of utility

The 7th Circuit Court of Appeals has affirmed summary judgment in favor of a Louisville utility in a dispute as to whether landowners could eject the utility from their property after violating portions of the lease. The appellate judges also declined to certify a question to the Indiana Supreme Court.

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Court: CHINS fact-finding hearing required by due process

The Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.

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