Articles

Duke can charge ratepayers for time construction delayed on Edwardsport plant

The Indiana Court of Appeals has affirmed grant of Duke Energy Indiana’s request to include the amount spent during an 80-day delay in construction of the coal gasification plant in Edwardsport in a rate adjustment rider. Several parties intervened, claiming construction delays attributable to Duke should not be chargeable to ratepayers.

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Judge denies stay in right-to-work law case

A northwest Indiana judge has rejected a request by the Indiana attorney general's office that he put on hold his order striking down the state's right-to-work law until the state Supreme Court rules on a similar case.

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Companies can’t recover attorney fees from general contractor

The judgments awarded against the general contractor in the construction of a Portage movie theater are supported by the evidence, the Indiana Court of Appeals affirmed Wednesday. But, the trial court should not have awarded the contractors who sued attorney fees under the mechanic’s lien statute.

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7th Circuit grants city, mayor’s request for stay

The doctrine of “pendent appellate jurisdiction” allows the city of Anderson to ask the District Court to stay proceedings in a case alleging city employees were fired because of political affiliation, ruled the 7th Circuit Court of Appeals. The case against the city is directly tied to the result of the case against the city’s mayor.

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COA affirms child should be raised with half-siblings

The Indiana Court of Appeals affirmed the petition to adopt a child by a couple who have already adopted her half-siblings. Although the couple temporarily dropped their petition to adopt, the judges agreed it is in the child’s best interests to be raised with her siblings.

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Rush oath

Rush takes oath as chief justice

Choosing an intimate but profound setting in the Indiana Supreme Court Law Library to take the oath Monday as the state’s first female chief justice, Loretta Rush said the history in the tomes speak volumes to her.

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Suit alleging unconstitutional school fees fails in COA

A Marion County mother who sought damages for having to pay certain fees for her children to attend public school lost her appeal before the Indiana Court of Appeals Monday. The judges agreed with the lower court that the state constitution does not permit her claim for monetary damages.

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Harrison Superior judge resigning, replacement appointed

Harrison Superior Judge Roger D. Davis has informed the Indiana Supreme Court that he is resigning Aug. 23. As a result, Chief Justice Brent Dickson appointed Senior Judge Curtis B. Eskew Jr. as judge pro tempore until a permanent replacement is chosen.

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Court affirms boy should stay in Indiana with father

Noting that its decision should not be viewed as a punishment for either parent, a trial court denied a mother’s request to move to California with  her son and ordered the boy remain in Indiana with his father. The Indiana Court of Appeals affirmed Friday, finding the father presented evidence that supported the trial court’s decision.

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