Articles

COA: Lease damages not chargeable to tenant

A property management company sued by one of its tenants argued in court that it charged less than all the costs it incurred, but the Court of Appeals ordered the landlord to pay up, as a small claims court ruled.

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Justices send Hamilton County utility rate case back to COA

The Indiana Court of Appeals erred in determining that state utility regulators acted arbitrarily in excluding a Hamilton County sewer utility’s contractor expenses in reviewing a rate case, the Indiana Supreme Court determined Wednesday, sending the case back to the COA.

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COA: Ex’s contempt order was valid but violated federal law

A trial court’s contempt order against a man who named his current wife beneficiary of his military survivor benefits was valid, even though the court’s order that the ex-husband redesignate his ex-wife violated federal law, the Indiana Court of Appeals found Tuesday.

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COA: Arbitration agreements in investment case enforceable

After a married couple that filed a complaint against their retirement investors for significant decreases in investment funds appealed a trial court order to compel arbitration, the Indiana Court of Appeals concluded arbitration agreements between the parties were enforceable and subject to the Federal Arbitration Act.

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Justices: Motel room used for sting operation was not ‘place of detention’

The Indiana Supreme Court has upheld the admission of incriminating statements made in a motel room during an undercover drug investigation after finding the motel room was not a “place of detention” requiring an electronic record of the statements. The court also created a test for analyzing whether a location can be considered a “place of detention” under Indiana Evidence Rule 617.

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SCOTUS agrees to hear Indiana civil forfeiture challenge

A lawsuit challenging Indiana’s civil forfeiture procedures will be heard by the United States Supreme Court after the justices granted a writ of certiorari to a case that a national legal organization says will have significant implications on Eighth Amendment protections nationwide.

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COA discourages interlocutory appeals of CHINS status changes

The Indiana Court of Appeals affirmed on interlocutory appeal a change the permanency plan for two children from reunification to termination of parental rights while also cautioning that such trial court rulings are “generally not suitable for interlocutory review.”

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