Articles

Temporary and lessee worker same under act

In what appears to be the first time the Indiana Court of Appeals has been presented with a joint employer argument in the context of Indiana Code Section 22-3-6-1(a), the Worker's Compensation Act, the appellate court determined that "temporary employee" and "leased employee" are not mutually exclusive terms and are interchangeable.

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COA upholds denial of motion for class action

The Indiana Court of Appeals affirmed the denial of a motion for a class-action suit because a claimant seeking redress pursuant the Wage Claims Act has to first submit the claim to the Department of Labor before filing a lawsuit and can't bypass the statute if another member of the putative class has already submitted a claim.

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COA reclassifies workplace e-mail case

The Indiana Court of Appeals April 16 reclassified a not-for-publication opinion regarding an Indiana Department of Local Government Finance employee's use of his work e-mail account.

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Judges disagree on remand instructions

Indiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't have been denied by the trial court, but they disagreed as to what should happen on remand.

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Jefferson courts granted emergency relief

The Indiana Supreme Court granted emergency relief Thursday to Jefferson County courts pursuant to Administrative Rule 17. Jefferson County trial courts and clerk filed the petition with the high court following a fire that severely damaged the courthouse in Madison.

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High court grants transfer to CHINS case

The Indiana Supreme Court granted transfer today to a case dealing with whether a child can be determined to be a child in need of services with respect to one parent, but not the other.

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Justices: Appeal not available after guilty plea

A majority of Indiana Supreme Court justices agreed a man who pleaded guilty couldn't appeal the denial of his pre-trial motion to suppress. Yet one justice believed the plea agreement should have been honored according to its terms, which included reserving the right to object to the denial of the motion to suppress.

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Judge: No attorney discipline needed

A federal judge in Indianapolis has decided disciplinary actions aren't needed against a handful of attorneys relating to their conduct in a clean air trial last year, though he hasn't changed his mind about setting aside the jury verdict and holding a new trial as a result of the behavior of in-house counsel.

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Case shows challenge of ending res gestae

The Indiana Court of Appeals affirmed a man's convictions and sentence for the 2007 murder and rape of a 14-year-old girl in Columbus, noting that the evidence the man objected to being admitted showed the challenges presented by eliminating the doctrine of res gestae.

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COA to hear arguments in Valparaiso

A panel of Indiana Court of Appeals judges heads north Friday to hear arguments to determine whether the trial court abused its discretion in ordering the defendant to serve the remainder of his sentence in prison after he violated home detention rules.

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Comment sought on late fee rule change

Comments are being accepted regarding a proposed rule change that would allow Marion Superior and Circuit Courts to impose a $25 late payment fee for failing to pay costs, fines, or civil penalties.

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State of the Judiciary touches on economy

The state's top judge this afternoon addressed a joint session of the Indiana General Assembly for the annual State of the Judiciary, focusing on how the courts can help rebuild the state and country's battered confidence caused by economic turmoil. Chief Justice Randall T. Shepard stood before lawmakers and fellow judges in the Indiana House […]

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Judge’s nomination vote set for Tuesday

The U.S. Senate leader has filed a motion to limit debate on an Indianapolis judge's nomination for the 7th Circuit Court of Appeals, setting an hour of debate and roll call vote for Nov. 17.

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Justices: Anders withdrawals not allowed

The Indiana Supreme Court has rejected a procedure set up by the nation's top court more than four decades ago that allows attorneys to withdraw from criminal appeals they deem frivolous. Our justices say it's practically and financially more efficient to simply proceed with an appeal and let that process play out.

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