Articles

Woman suing for unpaid wages passes ‘duck test’

Indiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the Wage Payment Act.

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Justices take case alleging Wabash hazing

The Indiana Supreme Court will determine whether a college and a fraternity are liable for injuries a student received as a result of a prank, and whether the incident rises to hazing.

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Gingerich reversal won’t get high court review

The Indiana Supreme Court will let stand the reversal of a trial court’s adult conviction and 25-year executed sentence for Paul Henry Gingerich, who was 12 at the time he and an older boy shot and killed a Kosciusko County man.

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Lawyers worry about impact of court decision on premises liability

The fatal shooting of a guest in a Speedway motel by a former employee and the resulting civil litigation leaves the Indiana Supreme Court to decide whether arguments of common law or a 1980s statute governs the premises owner’s degree of liability. Trial and defense lawyers are paying keen attention.

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Justices order new trial for man tried in absentia

A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.

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