Articles

Man wins right for jury trial to fight traffic ticket

The Indiana Court of Appeals reversed the denial of a man’s demand for a jury trial in his trial de novo after he was found guilty in a city court bench trial. The panel found he did not waive that right by formerly submitting to the bench trial.

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Logging injunction near Lake Monroe splits Court of Appeals

A trial court’s injunction halting logging on land on Lake Monroe south of Bloomington was reversed Monday by a split panel of the Indiana Court of Appeals. A dissenting judge, however, would have upheld the injunction and called the majority’s recommendation that the case be referred for mediation “imprudent.”

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Divided COA reverses custody change based on relocation

The issue of whether a mother’s relocation could by itself warrant a change in joint custody divided the Indiana Court of Appeals on Monday, which reversed a trial court’s decision to award sole legal custody to the father who was remaining in the Indianapolis area.

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Judgment against casino as discovery sanction affirmed

Finding a Lake Superior judge properly ordered summary judgment against a casino as a sanction for dragging its feet on discovery in an elderly man’s negligence complaint filed after a fall, the Indiana Court of Appeals affirmed and sent the case back to determine the man’s damages.

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COA to travel for three arguments next week

Three Appeals on Wheels oral arguments will be heard next week, involving wrongful termination of a hospital employee, suppression of evidence from a pat-down search and a hotel’s appeal of granted possession.

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Charlestown residents challenging sale of water utility

A group of residents from Charlestown is challenging the sale of the local water utility to Indiana-American Water, a transaction that comes with a $13.4 million price tag. Charlestown officials say the sale will improve the local water quality in the long run while mitigating rate increases, but the challenging residents claim the opposite.

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SCOTUS decision in Timbs civil forfeiture case just a start

The US Supreme Court decision in a landmark Indiana civil forfeiture case ruled that the Eighth Amendment Excessive Fines Clause is incorporated to the states, but Justice Ruth Bader Ginsburg’s opinion declined to answer one key question: When does the Eighth Amendment prohibit civil forfeiture?

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Dialysis facility’s breach of contract claims pre-empted

A medical facility that provided regular, life-sustaining dialysis treatments lost its appeal seeking to recover more than $1.5 million from its patients’ benefit plans when the Indiana Court of Appeals found the facility’s claims were pre-empted by the Employee Retirement Income Security Act.

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