Articles

Surety not obligated to pay bond to subcontractor

A company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.

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Fund supports diversity in profession

A celebration of former Indiana Chief Justice Randall Shepard on Thursday set the stage for the launch of a fund in his name that will continue his legacy of promoting diversity.

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Suit claims marriage statute unconstitutional

A secular group and three of its members are suing the Marion County prosecutor and clerk, claiming an Indiana statute is unconstitutional because it says that religions are the only groups with rights to have their beliefs recognized in marriage ceremonies.

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State concedes traffic stop was invalid

On the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.

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COA reverses in foreclosure dispute

The Indiana Court of Appeals reversed the denial of a couple’s motion for relief from judgment and request for attorney fees in a foreclosure dispute, finding the couple established the party seeking to foreclose on their property acted in bad faith.

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Judges uphold drug convictions and sentence

A defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation of privacy in the car, the Indiana Court of Appeals held.

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Man can’t prove ineffective lawyer assistance

The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding neither his trial nor appellate counsel were ineffective in his case involving a voluntary manslaughter conviction.

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7th Circuit rules Lilly sales reps not entitled to overtime

Pharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.

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Indiana Supreme Court takes two cases

The Indiana Supreme Court has granted transfer to two cases for the week ending May 3 – one involving a physician, and one involving a man convicted of child molesting.

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Shepard receives ICLEF award

The Indiana Continuing Legal Education Forum recently gave Randall T. Shepard, former Indiana chief justice, an award for his contributions to continuing legal education.

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Child Advocates has been the voice of children for 30 years

As Court Appointed Special Advocate for Marion County, Child Advocates is celebrating its 30th anniversary, having assisted more than 75,000 children since its inception. Today, the organization advocates for every child involved in a Marion County abuse or neglect case – more than 5,000 annually – with the help of more than 400 volunteers.

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