Articles

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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SCOTUS declines to consider Indiana case

The nation’s highest court has refused to consider an Indiana case involving whether a defendant’s no contest plea to an out-of-state murder can be used to qualify him as a serious violent felon on a conviction here.

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BLE suit moves forward

Even as the Indiana Board of Law Examiners searches for a new leader, a federal lawsuit remains pending against the state agency’s questions to prospective lawyers about their mental and emotional health.

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7th Circuit first to decide on resentencing, procedural rule issue

The 7th Circuit Court of Appeals today ruled on an issue that hasn’t been addressed by any of its counterparts nationwide, finding that sentencing guidelines revised three years ago still only give District judges one chance to modify penalties based on a federal criminal rule of procedure.

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End of a family legacy

For the first time since the mid 1950s, the Indiana Judges Association won’t have anyone in the Baker family sitting on the board of managers and being as intimately involved in the group’s activities as they have been for two-thirds of the group’s existence.

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Court hits on 2 first impression issues about prejudgment interest

The Indiana Court of Appeals has reversed a trial judge decision against awarding a litigant prejudgment interest in an uninsured motorist case, examining two issues of first impression and finding that state statute warrants the litigant receive that money even when it exceeds insurance policy limits for those types of claims.

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Court clarifies, reaffirms its prior back pay ruling

The Indiana Court of Appeals denied an Attorney General’s request to clarify a previous ruling that slashed a $42.4 million damages award, and clarified the two-month period from which state employees can recover back pay.

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Justices reaffirm uniform-contract interpreation approach

The Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation insurance coverage case.

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COA offers suggestion about judicial notice rule

A paternity and child custody case has given the Indiana Court of Appeals a chance to examine a newly amended evidence rule for the first time, while simultaneously offering guidance to trial judges about using publicly accessible information to dispose of cases.

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