Articles

High court takes 3 cases

The Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context of a car on the side of the road.

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Judge grants attorney summary judgment in collections suit

A federal judge ruled in favor of an Indianapolis attorney involved in a class-action suit alleging he violated the Fair Debt Collection Practices Act. The judge granted summary judgment to the attorney after finding the class representative fell outside the class definition.

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COA finds voyeurism statute not vague

The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.

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Judges send Medicaid case back for review

The Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked findings of fact making the case mostly unreviewable by the appellate court.

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Judges hold option to buy real estate valid

The purchaser of real estate through an option executed years earlier didn’t make the option unenforceable against the owner’s estate by not tendering the purchase price when exercising his option to buy the land, the Indiana Court of Appeals concluded today.

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Court splits on public intoxication conviction

The Indiana Court of Appeals split today on whether a woman’s conviction of Class B misdemeanor public intoxication should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped her car.

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COA: Candidate remains on ballot

The Republican winner of the primary election for Indiana House of Representatives District 74 will remain on the ballot for the general election, the Indiana Court of Appeals ruled today.

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Court reverses indeterminate commitment of juvenile

The Indiana Court of Appeals addressed the interplay between sections 6 and 10 of Indiana Code 31-37-19 governing juvenile commitment for the first time today. The judges noted when they are applied separately the sections produce opposite results regarding the purpose of the statutes.   

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Judges define ‘courthouse’ for first time

In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.

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Justices order new trial to determine fault in Ford rollover suit

The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.

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Actual notice denies bona fide purchaser defense

The Indiana Court of Appeals today reversed an interlocutory order and remanded for the trial court to grant prejudgment possession of farm equipment to a company that had security interest in it even though it had been traded to another company.

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Court cuts $42.4 million state back pay award

The Indiana Court of Appeals today significantly slashed a $42.4 million damages award against the state, cutting the period from which employees can recover back pay from 20 years to about two months.

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COA rules on military benefits to former spouses

Ruling on the issue for the first time, the Indiana Court of Appeals has held that a military spouse may not, by a post-decree waiver of retirement pay in favor of disability benefits or combat-related special compensation, unilaterally and voluntarily reduce the benefits awarded to the former spouse in a dissolution decree.

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