Articles

High court grants transfer Thursday

The Indiana Supreme Court granted transfer Thursday to a case questioning whether the Indiana Department of Transportation is liable for the death of an employee of an independent contractor working on a highway project.

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Governor: merit-selection ‘is not broken’

Gov. Mitch Daniels has vetoed legislation that would have ended merit-selection of St. Joseph Superior judges and instead made them run for office in non-partisan elections and create a new three-judge panel for the Indiana Court of Appeals. On the deadline for action on House Enrolled Act 1491, the governor late this afternoon used his veto power for the third time this session and rejected it. The legislation would have called for non-partisan elections to choose the county’s eight Superior judges…

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Man loses gender discrimination appeal

A federal appellate panel has upheld a U.S. District judge's decision against a man who alleged he's the victim of gender discrimination for being fired from St. Francis Hospital on claims he accessed inappropriate Web sites while at work.

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Professor testifies about impeachment of judge

Indiana University Maurer School of Law professor Charles G. Geyh appeared before the U.S. House of Representative's Committee on the Judiciary Tuesday as a witness in its hearing on the possible impeachment of U.S. District Judge Thomas G. Porteous of New Orleans.

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County not dismissed in fired court clerks suits

Clark County lost in its efforts to be dismissed from suits filed by two fired Clark Circuit Court employees. Chief Judge David F. Hamilton in the U.S. District Court, Southern District of Indiana, ordered the county to file answers to the complaints no later than Sept. 6.

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COA reiterates confidential-information filing

The Indiana Court of Appeals emphasized in an opinion today the proper procedure for filing documents with confidential information, instigated by the fact the appellant's original appendix included a pre-sentence report on white paper and included a Social Security number.

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Law students complete diversity program

A program implemented by the state to help minority, low income, or educationally disadvantaged college graduates who will attend law school and plan to practice in Indiana has wrapped up its annual event.

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Justices to hear compulsive gambling case

The Indiana Supreme Court will hear arguments in three cases Thursday, including a suit in which a woman claims a casino took advantage of her gambling addiction. Arguments begin at 9 a.m. in Caesars Riverboat Casino LLC v. Genevieve Kephart, No. 31S01-0909-CV-303. Caesars originally filed a suit against Genevieve Kephart after she failed to repay a gambling debt. The casino sought repayment, treble damages, and attorney fees. But Kephart counterclaimed, arguing the casino unjustly enriched itself because it knew she had…

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Court rules on transfer to California court

The Indiana Supreme Court affirmed a trial court's decision to relinquish its jurisdiction over child support matters to a California trial court. In its opinion, the high court examined the interplay between the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act.

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COA: Home isn’t allowed in marital estate

Even though a trial court believed a wife's testimony that her in-laws' purposefully kept her from receiving any money from the sale of the marital residence in the event of a divorce, the lower court erred by including the residence in the marital estate, ruled the Indiana Court of Appeals.

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Order that law firm pay attorney fees reversed

The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.

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High court reverses termination of mom’s rights

The majority of Indiana Supreme Court justices ruled in a parental termination case that the evidence presented didn't clearly show a mother's rights to her son should be terminated. One justice dissented because he believes an appellate court should defer to the lower court in assessing the facts of a case.

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Improper venue doesn’t require acquittal

Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.

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Next up for Judge Hamilton: full Senate vote

After surviving a Senate committee's party-line vote today, an Indianapolis-based federal judge must now get approval from the full U.S. Senate in order to move to the 7th Circuit Court of Appeals.

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St. Joseph Bar evaluates judges

The St. Joseph County Bar Association has released the results of its 2009 survey evaluating Superior Court judges. This is the second time the bar association has completed and published this survey.

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Indiana federal judge sanctions attorneys

A federal judge in Hammond has sanctioned two Detroit attorneys who filed what he calls a frivolous claim demonstrating a pattern of misconduct, fining each lawyer and their client in a sharply worded ruling.

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Sidewalk 6 trial off; judge to decide penalty

Less than a week before a state civil racketeering trial was set to begin, a former East Chicago mayor and one of his closest aides have waived their right to defend themselves before a jury in court.

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