Articles

Justices rule on construction manager’s duty for jobsite safety

The Indiana Supreme Court has held that a construction manager on the Lucas Oil Stadium construction project didn’t have a legal duty to ensure jobsite safety to a subcontractor’s employee either by contract or individual actions, and as a result, cannot be held liable for workplace negligence.

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Judges uphold sanction against attorney

The Indiana Court of Appeals made two minor corrections to its original opinion ordering an attorney to pay appellate fees due to his conduct in a purported class-action lawsuit against Clarian Health Partners, but upheld the order the attorney pay the fees.

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Governor signs bill inspired by Supreme Court ruling

Indiana Gov. Mitch Daniels signed Senate Enrolled Act 1 into law Tuesday evening. The legislation deals with the right of people to defend against unlawful entry and was created in response to the Indiana Supreme Court ruling in Barnes v. State.

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High court upholds stalking conviction

It’s up to a trier of fact to determine if someone’s conduct involved repeated or continuing harassment to qualify as stalking, the Indiana Supreme Court ruled, since there is no statutorily determinate timeframe required for this type of conviction.

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Majority upholds finding of contempt

Three Indiana justices affirmed a trial court order finding a business owner, his attorney and an environmental firm in contempt for doing work on a site with possible environmental issues after a temporary restraining order had been issued.

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Supreme Court declines to set aside tax deed

The Indiana Supreme Court has reversed a trial court’s decision to set aside a tax deed, finding the Marion County auditor’s office satisfied the due process requirement articulated by the United States Supreme Court.

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Justices explain opinion in IBM case

Last month, the Indiana Supreme Court ruled that Gov. Mitch Daniels doesn’t have to testify in the dispute between the state and IBM regarding a cancelled contract to modernize the state’s welfare system. On Wednesday, the justices explained their reasoning.

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Judges revise murder sentence

The Indiana Court of Appeals upheld the murder conviction of a defendant who killed a Bloomington man in response to a sexual assault, but found the circumstances around the killing warranted a lesser sentence.

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COA affirms ruling in favor of mining company, DNR

The Indiana Court of Appeals has upheld the decision to release a surface mining reclamation bond obtained by a mining company, finding the reclamation requirements of the Indiana Surface Mining Control and Reclamation Act have been satisfied.

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Appellate court split on ordering new trial for mom

The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.

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Justices rule on underinsured motorist coverage case

The Indiana Supreme Court has held that a tortfeasor’s vehicle was underinsured according to state statute because the benefit amount actually paid to a woman was less than the per-person limit of liability of the underinsurance endorsement of an insurance policy that applied to all the family members involved in the accident.

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Supreme Court rules on habitual-offender filing issue

The Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether the trial court properly determined he was a habitual offender that could receive an enhanced sentence.

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Justices base ruling on level of intent

The Indiana Supreme Court has determined that not enough evidence of intent existed for a judge to grant summary judgment for a bank alleging a business owner committed fraud.

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Judges disagree on impact of caselaw

In a man’s appeal of the denial of petition for post-conviction relief, in which he claimed ineffective assistance of his trial and appellate counsel, the Indiana Court of Appeals was divided on whether his appellate counsel was ineffective and if caselaw prevented the trial court from considering charges outside of the guilty plea.

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Justices rule on railbanking certified question

The Indiana Supreme Court has issued an answer to a certified question about how state law plays into a federal railroad right-of-way case that involves property owners who want their land rights back for easements that once belonged to a railroad company.

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Judges rule in favor of insured

The Indiana Court of Appeals found under the plain language of a woman’s insurance policy, the woman did what was required of her by the policy to pursue an underinsured motorist claim.

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