Articles

Majority upholds dismissal of unemployment benefits appeal

The Indiana Court of Appeals split today on whether a woman’s appeal after she was denied unemployment benefits should be reinstated. The woman claimed she missed the administrative law judge’s phone call because of confusion regarding different time zones.

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Federal act preempts state law claims

The Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.

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Court’s community-service policy is unenforceable

The Indiana Court of Appeals reversed a trial court’s order that an indigent small claims litigant perform community service in lieu of paying a filing fee, holding the informal local rule requiring community service is unenforceable.

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Judges order consideration of discovery demands

The 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.

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Judges uphold OWI conviction

Even though a man who was temporarily found incompetent was detained in a facility for a period longer than his sentence would have been if he was convicted of Class A misdemeanor operating while intoxicated, the Indiana Court of Appeals upheld the denial of his motion to dismiss the charge.

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State urges SCOTUS to deny judicial canons case

The Indiana Attorney General’s Office has filed a brief with the nation’s highest court, urging the justices to not hear a case about whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.

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3 judges dissent on rehearing denial in stun belt case

The full 7th Circuit Court of Appeals has decided to not rehear an Indiana case about a convicted murder’s ineffective assistance of trial counsel claims relating to a stun belt used in court, though three judges disagreed and felt the northern Indiana federal judge’s decision should be upheld.

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Judges reverse dismissal of application to adjust claim

The Indiana Court of Appeals reversed the decision by the full Worker’s Compensation Board that a medical services provider’s application for an adjustment of claim was barred by the two-year statute of limitations found in Indiana Code Section 22-3-3-3. The appellate court relied on a recent decision involving a similar scenario to make its ruling.

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Order addresses selection of special judges

To allow time for counties to amend their local rules to conform with Indiana Administrative Rule 3 regarding the selection of special judges, the Indiana Supreme Court has issued an order establishing temporary procedures for selecting these judges.

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Longtime Indy attorney dies

Merrill Moores, who loved the law and mentoring young attorneys, died Jan. 5. Moores is the father of a Marion County juvenile judge and an Indianapolis attorney.

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