Articles

Ambiguous weight limit statute leads to infraction reversal

The ambiguity of a state statute means a man performing farm drainage work in Henry County did not commit an infraction by driving his heavy equipment on a state highway, the Indiana Court of Appeals has ruled. However, the court noted its ruling was limited specifically to the facts of the instant case and was not an opinion on how the ambiguity might affect other circumstances.

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Split COA relieves defendant from default despite inexcusable neglect

The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.

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Divided 7th Circuit: Business owner may seek discharge of back pay debt

A divided panel of the 7th Circuit Court of Appeals has allowed an Indiana business owner to seek to discharge back pay debt in bankruptcy proceedings, rejecting the National Labor Relations Board’s argument that the debt was not dischargeable because the employees to whom the back pay was owed were “maliciously” fired.

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COA reinstates Hammond zoning suit against landlord

The city of Hammond may proceed with an ordinance violation act against a local landlord after the Indiana Court of Appeals rejected a trial court’s finding that it lacked subject matter jurisdiction to hear the case in a trial de novo.

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Judgment for mesh implant makers upheld after woman’s death

The estate of a woman who died after a surgical mesh patch was implanted in her body will not be able to proceed with a lawsuit against the patch’s manufacturer and patent holder after the 7th Circuit Court of Appels upheld summary judgment for the defendants Tuesday.

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DCS reform bill passes House

The Indiana House of Representatives has unanimously signed off on a bill implementing reforms in the Indiana Department of Child Services – a bill that is just one of several designed to assist the troubled state agency.

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Supreme Court releases censored appeal by foreign government

An unidentified foreign government is asking the Supreme Court to get involved in a case that may be part of special counsel Robert Mueller’s Russia investigation. The appeal doesn’t identify the country, a company it controls or even the lawyers who are representing it, but it says the justices should make clear that a federal law that generally protects foreign governments from civil lawsuits in the U.S. also shields them in criminal cases.

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Legislature takes first step toward regional public defender offices

The Indiana General Assembly has taken the first step toward allowing Indiana counties to create regional public defenders’ offices, a change that has been championed as a means of reducing public defender caseloads and eliminating the appearance of judicial impropriety when appointing indigent defense.

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DCS still drawing numerous reform bills in Legislature

Legislators in 2018 introduced a slew of bills trying to bring more collaboration and modest adjustments to the Department of Child Services. Lawmakers this year have introduced at least 25 bills impacting CHINS, foster parents and DCS caseloads, among other things.

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Indiana case shines spotlight on solitary confinement

No one denies that Aaron Isby-Israel made bad, even criminal, choices that landed him in the Indiana Department of Correction. What is disputed is whether Isby should have remained in solitary confinement for a total of 28 years.

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High court lets military implement transgender restrictions

The Supreme Court on Tuesday allowed the Trump administration to go ahead with its plan to restrict military service by transgender people while court challenges continue. The high court split 5-4 in allowing the plan to take effect, with the court’s five conservatives greenlighting it and its four liberal members saying they would not have.

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