Articles

Appellate ruling addresses priority rights

In reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.

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Committee action deadline nearing

The Indiana General Assembly's influential judiciary committees have a packed week ahead where both representatives and senators will review a mass of legislation as deadline approaches.

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Exonoree to speak at IU Law – Indy

Juan Roberto Melendez-Colon, who spent more than 17 years on Florida's death row before his exoneration, will speak about his experience Jan. 12 at Indiana University School of Law – Indianapolis. A documentary about his time on death row will also be shown.

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New foreclosure-prevention initiative announced

To encourage more eligible Hoosiers to participate in settlement conferences when facing mortgage foreclosures, a new program involving the Indiana Supreme Court and the Indiana Foreclosure Prevention Network was announced today in Fort Wayne.

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Racketeering case nets $108 million in damages

A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages on a civil racketeering case, but in doing so he's rejected the Indiana Attorney General's most novel and far-reaching legal arguments centered on public corruption in East Chicago.

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Mortgage company didn’t act in good faith

The Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because it didn't act in good faith in providing a mortgage that was obtained by fraud.

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Justices to hear cheek swab, blood draw cases

The Indiana Supreme Court is set to hear three arguments Thursday, including a case that challenges whether reasonable suspicion alone is sufficient for law enforcement to obtain DNA from a cheek swab.

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AG to review heath-care bill’s constitutionality

The Indiana Attorney General is going to use one of his little-known authorities to review the constitutionality of the provisions of the recently passed U.S. Senate federal health-care bill. Attorney General Greg Zoeller announced today his office will conduct the analysis, authorized by Indiana Code 4-6-8-2, on particular provisions of Senate Amendment 2786 to the […]

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Judges reverse theft conviction

The Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the jury on conversion as a lesser-included offense of theft.

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COA: Inmate must pay filing fees

The Indiana Court of Appeals has ruled today on another case filed by a New Castle Correctional Facility inmate who had filed at least 50 civil actions.

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Masters appointed in cases of 2 judges

The Indiana Supreme Court has appointed masters to the disciplinary cases of Bicknell City Court Judge David A. Moreland and LaPorte Superior Judge Jennifer Evans Koethe.

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COA rules on landowner first-impression issue

For the first time, the Indiana Court of Appeals needed to decide whether an urban or residential landowner owes a duty to protect neighbors from damage caused by a tree falling from the landowner's property. In J. John Marshall and Marjorie Marshall v. Erie Insurance Exchange a/s/o Cindy Cain, No. 20A03-0908-CV-366, Cindy Cain's home is next […]

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Out-of-state placement bill goes to House

A legislative committee has given its OK to a bill that would repeal a last-minute 2009 special session provision, which gave the Indiana Department of Child Services key control in deciding whether juveniles can be placed outside the state.

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Full appeals court decides on IPAS case

Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.

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Indiana attorneys help Haiti

Attorneys around Indiana with connections to Haiti are helping with that country's relief efforts following an earthquake that registered as a magnitude 7 that destroyed countless buildings and injured and killed still unknown numbers of people in an already impoverished country. Christopher Stevenson of Wilson Kehoe & Winingham in Indianapolis traveled to LaMare, Haiti, in […]

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Judge certifies sex offender’s class-action suit

A federal judge has certified a convicted sex offender's suit against the Indiana Department of Correction as a class action. The plaintiff claims registrants have no procedure to correct errors on the sex and violent offender registry.

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Court: Medical record loss is negligence

If a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court
of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.

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