Articles

COA: Award fees for litigation costs

The Indiana Court of Appeals instructed a trial court today to follow its guidance on remand to determine the amount of money to award to a man who wants to recover fees for litigation at the trial and appellate levels. The court hopes to avoid another appeal of the case.

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Court: Lawyer necessary in federal litigation

Although the 7th Circuit Court of Appeals affirmed the convictions of a defendant and his company for violations of the Clean Water Act in an unpublished opinion today, the appellate court wrote a separate opinion to discuss the issue of whether a limited liability corporation can proceed pro se in federal litigation if an attorney had already worked on the case.

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$1.25 million med mal verdict affirmed

The Indiana Court of Appeals has upheld a $1.25 million jury verdict and in doing so ruled on three issues of first impression
that will likely impact future medical malpractice suits.

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7th Circuit cautions about propensity inference

The 7th Circuit Court of Appeals today affirmed a man's drug convictions with intent to distribute, but questioned how
a previous drug conviction showed the man had intent or absence of mistake in the instant case.

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Adult son could file paternity, support petition

A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.

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Amendment trumps high court ruling

Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.

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Mom not in contempt over middle name change

A trial court erred in finding a mother in contempt for not changing the middle name of her child, the Indiana Court of Appeals ruled today. The appellate court remanded the case for consideration of whether the name change would be in the best interest of the child.

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Justices analyze occurrence-based limitations

Two Indiana Supreme Court justices dissented from the majority today in two medical malpractice suits because they believed the majority's reasoning behind the decisions that both plaintiffs' claims are time-barred would foster suspicion and doubt between health-care providers and their patients.

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Judgment for prison employees affirmed

The 7th Circuit Court of Appeals affirmed summary judgment in favor of prison employees in an inmate's Eighth Amendment violations suit, finding the inmate's lack of cooperation in providing details of threats against him prohibited the officials from protecting him from an attack by another inmate.

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Committed woman’s charge must be dismissed

Faced with a question the U. S. Supreme Court declined to address more than 35 years ago, the Indiana Supreme Court affirmed a trial court's decision to dismiss a criminal charge against a committed woman who may never be able to stand trial because of incompetence.

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Economic presence meets taxing requirement

In a matter of first impression, the Indiana Tax Court has ruled that a bank didn't need to have a physical presence in the state to be subject to Indiana's Financial Institutions Tax.

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Termination rash in special needs CHINS case

The Indiana Court of Appeals reversed the termination of a mother's parental rights to her special needs son, finding the decision would create a "sobering message" to parents of children who need ongoing assistance.

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Dad not in contempt for failure to pay full support

The Indiana Court of Appeals agreed a man was not in contempt for failing to pay child support ordered by a Florida court even though the Indiana trial court enforced his obligation for less than the amount ordered in Florida.

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7th Circuit rules on police chase violations

Police chases do not violate the Fourth and 14th Amendments when the officers involved do not intentionally and forcibly halt the fleeing subject, according to a ruling today by the 7th Circuit Court of Appeals.

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7th Circuit shoots down Homeland Security decision

he Department of Homeland Security wrongly second-guessed the federal labor department in denying an application by a mental health residential care group – Hoosier Care Inc. – asking for labor certification and immigrant visas for two Filipinos, the 7th Circuit Court of Appeals ruled today.

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