Articles

Court orders portion of roof removed due to trespass

The Indiana Court of Appeals affirmed a jury verdict in a trespass and negligence lawsuit brought in a dispute over water draining from a housing development into neighboring property. In doing so, the judges ordered part of a roof to come down due to trespass.

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Opinions Feb. 4, 2016

Indiana Court of Appeals
State of Indiana v. Chad T. Mooney, Brittany McCool
82A04-1505-CR-266
Criminal. Affirms denial of the state’s motions for relief from judgment regarding the trial court’s orders permitting Mooney and McCool’s driving privileges to be reinstated without proof of future financial responsibility. The state has not established prima facie error in the trial court’s denial of its motions for relief from judgment. 

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Plaintiff failed to prove injury caused by crane lessor

A man severely injured at work by a crane failed to prove that a company breached a duty to inspect a certain part of a crane before delivering it to the renter for use, and that the alleged breach was the proximate cause of the injury, the 7th Circuit Court of Appeals ruled Wednesday.

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COA rejects BMV’s request for relief from judgment

The state of Indiana did not establish prima facie error in the trial court’s denial of its motions for relief from judgment in two cases in which the lower court ordered the reinstatement of drivers’ licenses without proof of future financial responsibility, the Court of Appeals held Thursday.

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Opinions Feb. 3, 2016

Indiana Court of Appeals
Brenda Hall v. Dallman Contractors, LLC, Shook LLC, and AT&T Services, Inc.
49A02-1502-CT-67
Civil tort. Affirms summary judgment in favor of AT&T Services Inc. on Hall’s negligence action against the company. It is barred by the exclusive remedies provision of the Worker’s Compensation Act because Hall has already received a workers’ compensation settlement from Ameritech, her employer, which, like AT&T Services Inc., is a subsidiary of AT&T Inc.

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Led Zeppelin members deposed in ‘Stairway to Heaven’ lawsuit

The surviving members of Led Zeppelin have all been questioned in a lawsuit that alleges their hit "Stairway to Heaven" was filched from an obscure song by the band Spirit. Jimmy Page, John Paul Jones, and Robert Plant were each deposed separately over the past month as part of pretrial discovery in the copyright infringement case, new filings in Los Angeles federal court show.

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New Southern District magistrate sworn in

Matthew P. Brookman was sworn in Monday as the newest magistrate judge in the U.S. District Court for the Southern District of Indiana. He is filling the vacancy created by the retirement of Magistrate Judge William G. Hussmann, whose last day was Friday.

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