Builder allowed to foreclose on lien
The Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose on a mechanic’s lien after the client withheld a final payment, claiming faulty work.
Lake County
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Lake County judge: RTW suit may proceed
A challenge to Indiana’s right-to-work law will proceed after a Lake County judge this week rejected the state’s request to dismiss a lawsuit filed by United Steelworkers.
Judges reaffirm 2 Weinberger patients’ psychological evaluations
In reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.
Appeals court upholds judgment for mortgage company
A Lake County trial court’s grant of summary judgment for the lender in a foreclosure case was affirmed Tuesday by the Indiana Court of Appeals.
Appeals court sends dissolution lawsuit back to trial court
The dissolution of a family-owned limited partnership was remanded to a Lake County court Tuesday after the Indiana Court of Appeals ruled that the trial court erred in allowing some of the partners to pursue a derivative action.
Doctor owed no duty to release prenatal records to adoptive parents
A New York couple who adopted a child born in Lake County lost their appeal of an unsuccessful negligence claim against a doctor who did not provide requested prenatal records that would have revealed the child’s significant brain abnormalities before the adoption was finalized.
Defendant not harmed by refusal to grant mistrial
The Indiana Supreme Court found no harm was done when an uncooperative defendant’s mouth was covered by a bailiff in order to quiet the man, so the trial court correctly denied the defendant’s motion for a mistrial.
Indiana seeks to overturn EPA decision on air quality in Lake, Porter counties
Gov. Mitch Daniels and Indiana Attorney General Greg Zoeller said Wednesday they will appeal the U.S. Environmental Protection Agency’s decision to designate Lake and Porter counties as nonattainment regarding ozone.
Lake County local rule requires e-filing of certain cases, fee increase implemented
Beginning July 16, all civil collection, civil tort, civil plenary and miscellaneous cases filed in the County Division Courts Room 2 or 3 in Lake County will have to be filed electronically using the county’s new e-filing system. The change is a result of an amendment to Local Rule 45-A.R.16-17.
Disgraced ‘Nose Doctor’ keeping lawyers busy
Dr. Mark Weinberger’s silence on 350 medical malpractice claims is providing unique experience for Indiana law firms.
A 21st century expression of the law
The ’emoticon defense’ raises brows, but it puts a focus on speech rights and school threats.
Court affirms permit to build new wastewater treatment plant
The Indiana Department of Environmental Management’s decision to issue a permit to the city of Hobart to operate a new wastewater treatment plant was not arbitrary, capricious or otherwise contrary to law, the Indiana Court of Appeals ruled.
Appellate court reverses trial court in union labor dispute
The Indiana Court of Appeals has reversed a trial court that had determined an arbitrator exceeded his powers when he found in favor of a labor union.
Title dispute leads to appellate reversal
The Indiana Court of Appeals has reversed a decision in favor of a title company, finding that the trial court must re-examine the case to decide if the two property owners have an action for negligent contract misrepresentation relating to a land easement dispute.
Webcasting allowed in 3 Lake County courtrooms
The Indiana Supreme Court has announced a new 18-month pilot project allowing trial court proceedings to be webcast in three Lake County courtrooms.
Attorney survey on Marion County judiciary begins
Eighteen Marion County judges will be on the ballot in the May 2012 primary. The Indianapolis Bar Association is asking attorneys to voice their opinions about those jurists.
SCOTUS denies Indiana church dispute
The Supreme Court of the United States has declined to take an Indiana case involving a property and trustee election dispute between the Zion Temple Apostolic Church in Gary and the son of the deceased founding pastor.
COA rules on estate representative’s banking activity
The Indiana Court of Appeals has overturned a Lake County judge in an estate case involving a personal representative who conducted banking transactions for an elderly man before his death.
Split COA reverses trial court in personal injury case
Two Indiana Court of Appeals judges reversed a trial court’s denial of a woman’s motion for prejudgment interest in a case stemming from a car crash.
7th Circuit upholds embezzlement convictions against ex-mayor
The 7th Circuit Court of Appeals has affirmed ex-East Chicago Mayor George Pabey’s convictions of embezzling government funds and conspiring to embezzle and found the District Court didn’t err when it sentenced him to 60 months in prison.