Articles

COA rules on Kroger fuel sign dispute

The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.

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Appellate court reverses ALJ in unemployment claim

The Indiana Court of Appeals held that a company was not obligated to continue employing a driver who lost consciousness behind the wheel, but because he holds no fault for that incident, he is eligible for unemployment benefits.

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ATM fee disclosure rules and related litigation

In 2011, nine lawsuits were filed in the United States District Court, Southern District of Indiana, in which plaintiffs sued owners or operators of ATMs for failing to post a sign advising users of usage fees. Similar suits have been filed around the country, and groups that represent ATM owners’ interests are calling for a change to federal law to stop further litigation.

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COA split on ability to review case

The majority on a personal injury case has dismissed it for appellate review, finding the Indiana Court of Appeals doesn’t have jurisdiction. The majority believed the case was not timely appealed.

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5 political candidates file lawsuit

Three judicial candidates in Marion County and two candidates for the Indiana House are suing the county Board of Voter Registration and Election Board, alleging they were denied access to public information.

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Andy Mohr target of Volvo Trucks lawsuit

When Volvo Group North America LLC sought to sell its semi trucks in the Indianapolis area, the company turned to veteran auto dealer Andy Mohr to help it gain a foothold in the market.

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Court preserves woman’s day in court despite delays

The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in court was too harsh.

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Trial rules require sufficient postage

The Indiana Court of Appeals has a simple message for litigants: if you are filing anything by certified mail, make sure to put enough postage on your paperwork. Otherwise, don’t expect to use that insufficient postage as an excuse to get around trial rules and court deadlines.

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Judges rule on lakefront land rights case

The Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes and the shore of Big Long Lake.

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Judges affirm ruling in favor of Jeep dealer

The Indiana Court of Appeals has ruled in favor of a southwestern Indiana car dealer being sued by a customer for injuries in a car accident under the Indiana Products Liability Act after Chrysler LLC filed for bankruptcy.

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Judges rule in favor of California attorney in Simon case

A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.

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Union sues over right-to-work law

A northern Indiana labor organization has filed a lawsuit against Gov. Mitch Daniels and other state actors over the recent enactment of legislation that made Indiana a “right-to-work” state.

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COA rules on anonymous online commenter case

In a case of first impression, the Indiana Court of Appeals has ordered the trial court apply a modified test based on a New Jersey case to determine whether The Indianapolis Star must identify an online user whose comment is part of a defamation lawsuit.

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Appellate court upholds man’s detainment

The Indiana Court of Appeals rejected a man’s argument that he could not have been detained in the hospital for mental health reasons before an application for detention was filed, which occurred after facility security guards restrained him.

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