Articles

Associate pay raises also raise eyebrows

Key to bringing on new clients and keeping existing ones is talent attorneys. Firms across the country, including in Indiana, are raising associate pay to attract those attorneys.

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DCS director to speak before drug task force

Indiana Department of Child Services director Mary Beth Bonaventura is scheduled to discuss child mental health and substance abuse issues at the Governor’s Task Force on Drug Enforcement, Treatment and Prevention Tuesday at Community Hospital East.

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Opinions July 25, 2016

Indiana Court of Appeals
Darrell Birge and Sandra Birge v. Town of Linden, Indiana
54A01-1509-PL-1495
Civil plenary. Reverses trial court dismissal of the Birges’ nuisance and civil conspiracy suit against the town of Linden for damage to their farm property caused after an independent contractor modified an existing drainage system for municipal purposes. The trial court erred in concluding it was clear on the face of the evidence that the town’s discretionary function immunity applied, that the Birges were barred from seeking damages for inverse condemnation, and that the Birges failed to allege facts supporting a civil conspiracy. Remands for further proceedings.

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Elkhart teacher loses age-discrimination appeal

The 7th Circuit Court of Appeals on Friday rejected an appeal of an Elkhart teacher who claimed the school system discriminated against her on the basis of her race and age in denying her 12 different promotions over a span of eight years.

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Howard County jail population surges

The Howard County jail has seen a population increase of nearly 100 more inmates from this time last year, 40 of whom are the result of legislation meant to ease the Indiana Department of Correction's burden.

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Opinions July 22, 2016

Indiana Court of Appeals
Santiago Valdez v. State of Indiana

18A02-1509-CR-1514
Criminal. Affirms conviction of Class B felony attempted rape and Class C felony criminal confinement. While a prosecutor’s hint during closing arguments that defense counsel improperly influenced an expert witness constituted prosecutorial misconduct, the trial court’s prompt admonishment prevented Valdez from being placed into grave peril. The trial court made no evidentiary errors. Admonishes Delaware County deputy prosecutor Eric Hoffman regarding ‘wild, baseless accusations of misconduct’ hurled at defense counsel.

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COA admonishes prosecutor’s misconduct, doesn’t reverse conviction

A prosecutor’s suggestion to the jury during an attempted rape trial that a defense attorney influenced a witness was misconduct, but not sufficient to warrant reversal of the defendant’s conviction, the Indiana Court of Appeals ruled Friday. But the court also called out the prosecutor and warned him.

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Reversal: HHGregg prevails in appeal over managers’ bonuses

HHGregg senior managers are not entitled to share in $40 million in life insurance proceeds from the 2012 death of executive chairman of the board Jerry Throgmartin, the Indiana Court of Appeals ruled Friday, reversing a trial court ruling in the managers’ favor.

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COA: Buyers had notice property was under lease

The Indiana Court of Appeals affirmed that because sellers of a Crawford County property had recorded their assignment of lease in the recorder’s office, buyers of the property had actual or constructive notice that the sellers didn’t own the land.

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