Articles

Judges uphold workers’ comp claim for nurse

The Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s ruling in favor of a home health care registered nurse on her claim for workers' compensation. The judges rejected the company’s argument that the board’s decision was based on the defunct “positional risk doctrine.”

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Justices issue 4 opinions tackling prejudgment interest

In four opinions dealing with the award of prejudgment interest under the Tort Prejudgment Interest Statute, the Indiana Supreme Court found Wednesday, among other things, that the TPIS applies to an action by an insured against an insurer to recover benefits under the insured’s underinsured motorist policy.

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Judges rule legal malpractice claim untimely

A family who sued an Allen County attorney after finding out he did not properly obtain ownership of a railroad right-of-way in 1995 lost its appeal before the Indiana Court of Appeals because the family’s lawsuit is barred by the statute of limitations.

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7th Circuit affirms ruling for officers on excessive force claims

The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.

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Builder allowed to foreclose on lien

The Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose on a mechanic’s lien after the client withheld a final payment, claiming faulty work.

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Workers settle employment lawsuit against local hotels

Sixteen current and former Indianapolis hotel workers have settled their union-backed lawsuit that alleged employment violations by nine area hotels and Atlanta-based Hospitality Staffing Solutions, a subcontractor that employs many hotel workers.

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Bankruptcy judge warns of impact of ‘fiscal cliff’

Chief Judge James K. Coachys in the U.S. Bankruptcy Court for the Southern District of Indiana sent a memo to the Indiana State Bar Association Wednesday explaining how budget cuts and the potential “fiscal cliff” have affected the court.

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Judges reverse teen’s conspiracy to commit murder conviction

The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.

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Justices deny Bisard’s blood evidence appeal

The Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.

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Failure to report abuse charges to proceed against athletic director

The Indiana Court of Appeals upheld the denial of LaPorte Community School Corp.’s athletic director Edward Gilliland’s attempt to dismiss two counts of misdemeanor failure to report child abuse filed against him. The charges stem from the conduct of LaPorte High School’s junior volleyball coach Robert Ashcraft.

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