Attorney general files right-to-work appeal with Indiana Supreme Court
The Indiana attorney general filed notice Sept. 12 that he is asking the state’s highest court to find Indiana’s right-to-work law constitutional.
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Articles
Worker’s Compensation Act is only remedy for injured employee
A construction worker injured on a job site will have to find remedy through the Indiana Worker’s Compensation Act after the Indiana Court of Appeals denied his attempt to sue a subcontractor.
Mother may petition for college expenses for emancipated children
Two amendments made by the Indiana General Assembly to the termination of child support and emancipation statute allow for a mother’s college support petition for two emancipated children to stand.
Open Door violation not worth $8K, COA rules
A group of petitioners who prevailed on an Indiana Open Door Law violation will get reimbursed for attorney fees, but the amount will be reduced by nearly $5,000 after a trial court found the group was requesting money for work unrelated to the claim.
State courts post expungement forms online
The Indiana Division of State Court Administration has posted more than a dozen sample forms to petition for reduction or elimination of criminal records provided under Indiana’s new expungement statute.
Change in state statute gets public intoxication conviction overturned
Although the evidence showed the man was intoxicated in public, the Indiana Court of Appeals overturned his conviction because he was not a threat to public safety.
Northern District judge tosses challenge to Indiana immigration law
A federal judge has dismissed a lawsuit challenging portions of Indiana’s immigration law passed in 2011.
Man still drunk despite change in public intoxication statute, COA rules
A 2012 change in Indiana’s public intoxication statute adding a required charging element of at least harassing, annoying or alarming another person doesn’t negate a conviction for a man who the Indiana Court of Appeals ruled did at least that much.
Interim criminal law study committee to examine sentencing questions
The process to correct and clarify House Enrolled Act 1006, the massive piece of legislation overhauling the state’s criminal code, will begin Aug. 15 at the first meeting of the Indiana General Assembly’s Criminal Law and Sentencing Policy Study Committee.
COA notes Indiana law would have changed outcome of environmental dispute
Using California law, the Indiana Court of Appeals ruled that an insurance company does not have to pay for an environmental cleanup, but the court noted it did not agree with the position of the Golden State and it would have ruled differently if Indiana law had been applicable.
Liquor store chain seeks to impose strict regulations on convenience stores selling alcohol
A chain of 19 liquor stores in Indianapolis wants the drug, grocery and convenience stores that sell alcohol to be subject to the same strict regulations that govern package liquor stores.
Judges disagree on whether Rhode Island law applies in wrongful death case
A Court of Appeals judge dissented from her colleagues’ decision that Rhode Island law should apply in awarding a wrongful death settlement because she believed that the Rhode Island court would have found Indiana law applies.
Expungement forum set for Saturday in Gary
Attorneys will present information and answer questions about Indiana’s new expungement law at a forum Saturday in Gary.
Indiana grandparents petitioning for visitation face long odds
The courts are limiting relatives’ rights while the Indiana General Assembly seeks to expand them.
Complexity of new expungement law raises questions
Hundreds rushed to a clerk’s office July 1 on a mistaken belief that was the only day they could petition to have their criminal records expunged.
7th Circuit reverses sanctions against Plews Shadley, other firms in False Claims Act case
After finding that a federal court in Indianapolis erred in dismissing a former ITT Educational Services Inc. employee’s False Claims Act lawsuit, the 7th Circuit Court of Appeals reversed the nearly $350,000 in sanctions imposed against three law firms representing the woman.
7th Circuit dismisses campground owner’s appeal after raising new arguments
A Cedar Grove campground owner’s appeal regarding the judgment that the campground is subject to the Safe Drinking Water Act raised an “interesting question,” the 7th Circuit Court of Appeals noted, but the judges dismissed the appeal because the owner raised arguments for the first time on appeal.
COA reverses denial of petition to dismiss protective order
A Jackson Superior Court erred in denying a couple’s request to dismiss a protective order the wife had taken out against her husband, the Indiana Court of Appeals ruled, because the statute contains the word “shall” regarding the court’s actions when one files for a dismissal of the protective order.
Lawmakers put more teeth into consumer protection of Indiana seniors
Indiana seniors get some new consumer protections July 1. As a group, they also get a little younger.