Articles

NRC may dictate placement of pier

A family that owns property on Bass Lake failed to show that the Natural Resources Commission’s decision that the family must move its pier to accommodate the placement of a group pier was arbitrary and capricious, or unsupported by evidence, the Indiana Court of Appeals ruled.

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COA: exhaust administrative remedies before filing appeal

Because a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s appeal.

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Woman’s tort claim notice insufficient

A trial court improperly granted summary judgment to a woman on whether her notice to the city of Indianapolis was sufficient to inform it of a potential personal injury claim, the Indiana Court of Appeals ruled.

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COA: Prosecutor had ability to provide use immunity

The Indiana Court of Appeals relied on state Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by providing use immunity. The parents argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.

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CNO shareholder loses appeal

A Marion County court didn’t err when it granted insurance holding company CNO board of directors members’ motion to dismiss a shareholder’s lawsuit for failure to make pre-suit demand, the Indiana Court of Appeals concluded.

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Court split on man’s forgery conviction

The Indiana Court of Appeals was divided over whether a man who used another person’s Social Security number and a false identification should have been convicted of forgery under a 2005 amendment to the law.

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Judges order dispute be arbitrated

A complaint filed by a client against financial services companies and a former employee must be arbitrated per an agreement the client signed when opening an IRA account, the Indiana Court of Appeals concluded. The court split over whether one of the companies could compel arbitration.

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