Articles

Judges disagree on applicable child support guideline

Against the advice of their attorneys, a divorcing couple entered into a settlement agreement that included a “true up” provision for calculating child support each year. That provision is now at issue before the Indiana Court of Appeals.

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COA: exhaust administrative remedies before filing appeal

Because a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s appeal.

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Indiana justices outline ‘improvement to real property’

For the first time, the Indiana Supreme Court addressed what constitutes an “improvement to real property” as mentioned in the construction statute of repose. In doing so, the justices reversed the trial court’s grant of a contractor’s motion for summary judgment in a wrongful death claim.

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COA: Prosecutor had ability to provide use immunity

The Indiana Court of Appeals relied on state Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by providing use immunity. The parents argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.

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CNO shareholder loses appeal

A Marion County court didn’t err when it granted insurance holding company CNO board of directors members’ motion to dismiss a shareholder’s lawsuit for failure to make pre-suit demand, the Indiana Court of Appeals concluded.

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Court split on man’s forgery conviction

The Indiana Court of Appeals was divided over whether a man who used another person’s Social Security number and a false identification should have been convicted of forgery under a 2005 amendment to the law.

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Judges order dispute be arbitrated

A complaint filed by a client against financial services companies and a former employee must be arbitrated per an agreement the client signed when opening an IRA account, the Indiana Court of Appeals concluded. The court split over whether one of the companies could compel arbitration.

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ACLU of Indiana files proposed class action against BMV

The ACLU of Indiana filed a lawsuit Wednesday in Marion County to require the Indiana Bureau of Motor Vehicles to reinstate a woman’s suspended license. The ACLU of Indiana claims that the BMV randomly selected Lourrinne White from a “Previously Uninsured Motorist Registry” and suspended her license for not having insurance, even though she did not have a working car titled in her name at that time.

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