Articles

COA reinstates fraud, bad faith suit against State Farm

A fraud suit against State Farm Insurance brought by one of its insured will continue in trial court after the Indiana Court of Appeals ruled Tuesday there were genuine issues of material fact precluding the grant of summary judgment to the insurer.

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Workplace rights lawyers racing against shifting legal landscape

While employers across America paid a record amount in settlements for workplace violations last year, don’t expect it to be the beginning of a trend. Think of it more as the storm before the calm, as labor lawyers rush to lock in payouts ahead of a shifting legal landscape.

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Suit by female Ogletree shareholder alleges gender discrimination

Employment defense firm Ogletree Deakins Nash Smoak & Stewart P.C., which has a significant presence in Indianapolis, is accused of discriminating against female shareholders in a federal lawsuit seeking $300 million in damages on behalf of 100 non-equity women shareholders at the firm.

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Federal courts create workplace conduct committee

On the heels of a call from the U.S. Supreme Court to review the judiciary’s sexual harassment response policies, the U.S. Courts Administrative Office has established a working group to review the safeguards in place for protecting court employees from inappropriate workplace conduct.

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Supreme Court to hear sales tax collection case

The Supreme Court agreed Friday to wade into the issue of sales tax collection on internet purchases in a case that could force consumers to pay more for certain purchases and allow states to recoup what they say is billions in lost revenue annually.

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Bill would allow whistleblower complaints against state

Rep. Ed DeLaney, D-Indianapolis, has filed a bill that would extend whistleblower protections to state employees who speak up about government misdeeds or fiscal malfeasance. The legislation is in response to a split decision from the Indiana Supreme Court, which found the state whistleblower statute did not include workers in the public sector.

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Bill proposes court OK CHINS removal from foster care

A bill pending before an Indiana Senate committee would place additional requirements on the Department of Child Services before removing a child from long-term foster care, though DCS representatives object to the bill on the basis of court caseloads and child safety.

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COA affirms escape conviction in home detention case

A person’s home is considered a “place of lawful detention” if the person has been sentenced to home detention, the Indiana Court of Appeals ruled Thursday in a decision that upheld a woman’s felony escape conviction.

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Divided COA again allows sentence modification in fixed-sentence agreement

A divided panel of the Indiana Court of Appeals has ordered a trial court to reconsider a sentence modification for an offender who agreed to a fixed-sentence plea agreement, a ruling that goes against proposed legislation currently pending before an Indiana Senate committee. However, in his first writing as an appellate senior judge, former Indiana Supreme Court Justice Robert Rucker dissented from the majority ruling.

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Divided COA upholds absentee juvenile delinquent adjudications

A divided panel of the Indiana Court of Appeals has upheld additional delinquency adjudications and findings of probation violations against a Lawrence County teen after determining the teen was in procedural default when he failed to appear for his fact-finding hearings. Chief Judge Nancy Vaidik, however, dissented on statutory grounds.

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7th Circuit reverses death sentence for murderer Baer

Despite the “atrocious” nature of a murderer’s crimes, the 7th Circuit Court of Appeals reversed his death sentence in a habeas petition, finding prosecutorial misconduct and misleading jury instructions likely influenced the jury’s decision to sentence him to death.

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Justices consider delinquent adjudications for teen who threatened school

In the fall of 2015, a Seymour High School student began planning a “Columbine-style” attack on his school specifically targeting two students — a girl he had a crush on, and the other boy that girl liked. The plan was reported and foiled without any harm, but now the Indiana Supreme Court must decide whether delinquent adjudications imposed on the high school conspirator will stand.

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