Courts - The Indiana Lawyer

Opinions July 31, 2017

July 31, 2017

Indiana Tax Court
William R. Larsen v. Indiana Department of State Revenue
49T10-1503-TA-8
Tax. Denies the Indiana Department of State Revenue’s motion for summary judgment in William R. Larsen’s challenge to its assessment of adjusted gross income tax for the 2013 tax year. Grants summary judgment in favor of Larsen. Finds Larsen has provided documentation that verifies the eligibility for his children for the federal dependency exemptions and shows those exemptions were allowed, so he was entitled to the Indiana dependency deductions in 2013.

Appellate court rules in favor of man’s estate on uninsured motorist claim

July 31, 2017

The Elkhart Superior Court properly found a Goshen man’s estate was entitled to recover under the uninsured motorist policy held by his employer, the Indiana Court of Appeals ruled Monday. The court interpreted the ambiguous language of the policy in favor of the estate.

Justices let stand $500k default judgment against Menards

July 31, 2017

A default judgment awarding a plaintiff $500,000 in damages in a personal injury suit against a Gary Menards store will stand after a divided Indiana Supreme Court declined to hear the home-improvement chain’s appeal.

COA reverses delinquent adjudication based on warrantless search

July 31, 2017

A teenager who was adjudicated as a juvenile delinquent after an officer conducted a warrantless search and found him in possession of a handgun and drug paraphernalia will have his adjudication reversed after the Indiana Court of Appeals determined the officer did not have reasonable suspicion to conduct the search without a warrant.

Wrongly jailed drug court plaintiffs lose in federal court

July 31, 2017

Plaintiffs who were jailed for months without due process in a southern Indiana drug court will take nothing in their federal lawsuit against drug court staff members and county sheriff who they say were responsible for violating their constitutional rights, a judge has ruled.

Tax Court: State can’t require SSNs to claim dependent children

July 31, 2017

A Fort Wayne man who claimed a religious objection to obtaining Social Security numbers for his dependent children was entitled to claim those children as dependents on his state tax return after the Indiana Tax Court determined Monday the man provided the necessary documentation to prove the children are his dependents.

The ‘Notorious RBG’ discusses women’s rights and pop culture

July 31, 2017

U.S. Supreme Court Justice Ruth Bader Ginsburg talked about the evolution of the women's rights movement, what it's like to be interrupted on the bench and life as a pop culture icon during a presentation Friday to a group of lawyers and judges in Sun Valley, Idaho.

High court ruling on juvenile lifers hasn’t impacted Indiana

July 31, 2017

Many states are taking a new look at juvenile life without parole following a U.S. Supreme Court decision last year, but that ruling appears to have little impact in Indiana.

Lawyer says juror might have stolen opioid evidence at trial

July 28, 2017

An Ohio defense attorney says at least one juror may have stolen oxycodone pills during a drug trial.

COA: Continued placement with foster parents not in children’s best interests

July 28, 2017

Three Miami County children will not be returned to their previous foster parents after the Indiana Court of Appeals found Friday the trial court correctly determined the foster mother had become obsessed with the notion that the children were molested, making continued placement with her not in the children’s best interests.

‘Incredible shrinking airline seat’ gets US court rebuke

July 28, 2017

Aviation regulators were ordered by a federal appeals court on Friday to consider setting minimum standards for the space airlines give passengers as carriers have steadily shrunk the width of seats and the distance between rows.

Indianapolis man accused of killing officer after car crash

July 28, 2017

Police arrested a 28-year-old man accused of gunning down an officer who was trying to help him and someone else after their car overturned and came to rest in a front yard along a busy Indianapolis street.

Man sentenced for punching officer at Elizabeth Smart event

July 28, 2017

An 80-year-old man convicted of battery for punching a police officer who stopped him from approaching kidnapping survivor Elizabeth Smart with a knife at an Indiana book signing has been sentenced to 12 years in prison.

DOJ files brief in Title VII sexual orientation case

July 27, 2017

The U.S. Department of Justice is adding its voice to the latest Title VII dispute, echoing 7th Circuit Court of Appeals Judge Diane Sykes that Congress, not the courts, should determine whether civil rights’ prohibitions against discrimination extend to sexual orientation.

Ex-farm employee’s agricultural work precludes workers’ comp benefits

July 27, 2017

A former employee of an Indiana farm was not entitled to workers’ compensation benefits after an on-the-job injury because the “whole character” of his work was agricultural in nature, thus exempting him under the Worker’s Compensation Act, the Indiana Court of Appeals held Thursday.

Appellate court affirms ruling for landowner denied easement use

July 27, 2017

The Indiana Court of Appeals affirmed a ruling Thursday in favor of a Steuben County landowner who claimed he was wrongly denied access and use of a recorded easement.

COA to determine jurisdiction of fire departments’ annexation, taxation dispute

July 27, 2017

The jurisdictional fate of an annexation and taxation dispute involving the Allen County auditor and two Fort Wayne-area fire departments now rests with the Indiana Court of Appeals, which must decide whether the facts of the dispute lend the case to review by the trial court or Tax Court.

Advocate: 2 pardoned brothers steered into financial straits by lawyers

July 27, 2017

When two wrongfully imprisoned brothers were pardoned after 30 years behind bars, they stood to collect hundreds of thousands of dollars in compensation. Now a federal judge is considering whether too much of their payout is being siphoned away by legal fees and high-interest loans.

Summary judgment for Lake County affirmed in age discrimination case

July 26, 2017

A group of retired Lake County employees who were fired from part-time, at-will work in order to preserve the county’s financial and health insurance situation cannot succeed on their age discrimination claim against the county because the employees’ age was not the predicate factor in their firing, the 7th Circuit Court of Appeals has ruled.

US Supreme Court review highlights decisions that raise more questions

July 26, 2017

During a panel discussion on the U.S. Supreme Court’s most recent term, retired Indiana Chief Justice Randall Shepard advised civil attorneys not to ignore the justices’ ruling in a criminal matter.

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