Articles

COA: Trust not bound by ISTA employment arbitration clause

The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.

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Panel criticizes late discovery introduction

While recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules still protect a person’s right to a fair trial.

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Justices accept one criminal case

The Indiana Supreme Court has taken an Elkhart County appeal challenging three felony child molesting convictions and an 80-year aggregate sentence.

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Justice wants attorney suspended longer

The Indiana Supreme Court couldn’t agree on the appropriate sanction for an attorney who engaged in an improper ex parte communication with a judge, leaving one judge to argue for at least a 90-day suspension.

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Justices sharply split on insanity defense case

Faults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.

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Justices order refunds in estate planning UPL case

The Indiana Supreme Court is shaking its proverbial finger at a company it found had engaged in the unauthorized practice of law, making it clear that the court’s orders must be followed or non-compliant litigants will be sanctioned.

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Circuit Court reverses insurance case

The 7th Circuit Court of Appeals reversed summary judgment for an insurer on the issue of whether the commercial general policy covered faulty subcontractor work, citing a similar case recently ruled on by the Indiana Supreme Court. The Circuit Court also dealt with an issue surrounding umbrella policies for the first time.

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Tax judge denies state’s motion to dismiss

The Indiana Tax Court has denied the state’s motion to dismiss a mother and daughter’s challenge to the jeopardy tax assessments made against them after the state found they didn’t pay taxes on their sales of puppies.

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Judge dissents in denial of rehearing

Indiana Court of Appeals Judge Margret Robb has issued a lengthy dissent from her colleagues’ denial to rehear a case involving the state’s patient compensation fund. After reviewing the case, she believed the appellate court shouldn’t have applied Restatement (Second) of Torts Section 323.

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Court examines statute about paternity, child support

The Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.

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Competition concludes at finals

Following the We the People: The Citizen and the Constitution mock congressional hearing state finals, which took place Dec. 12-13 for high school students and Dec. 14 for middle school students, organizers announced that a team from Munster High School will represent Indiana at the national competition held in Washington, D.C., in April 2011.

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Southern District rules amended

Several Local Rules of the United States District Court for the Southern District of Indiana have been amended. The changes are effective Jan. 1.

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6 counties get federal grant for drug courts

Drug courts in Delaware, Marion, Monroe, Spencer, Vanderburgh, and Vigo counties will share $1 million from a Bureau of Justice Assistance Drug Court Discretionary Grant, the Indiana Supreme Court announced today. The award will help courts increase graduation rates and lower recidivism.

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