Articles

Court tackles scope of ‘frivolous’

The Indiana Court of Appeals today used an inmate's appeal of the dismissal of his complaint to address the scope of the word "frivolous" in Indiana's Frivolous Claim Law. And even though this inmate has filed dozens of law suits since being incarcerated, it doesn't mean his suits can be automatically deemed frivolous by the trial courts.

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Outside accounting ordered in LLC dissolution

The Indiana Court of Appeals reversed a judgment in favor of one of the owners of a dissolved LLC, finding the trial court erred when it entered judgment against the other owner personally without ordering an outside accounting of the company's finances.

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COA disagrees on damages to bidder

Indiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for work at a state-run hospital based on fraudulent information from another bidder.

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Deputy prosecutor fired

A Marion County deputy prosecutor has been fired for withholding information regarding facts in a case involving her mother, who was arrested for insurance fraud.

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Justices dismiss public school funding case

Even if Indiana's public school system falls short of where it should be in providing quality education, courts aren't constitutionally able to set standards or establish a financing formula because that's a task falling solely to the General Assembly.

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High court grants transfer Thursday

The Indiana Supreme Court granted transfer Thursday to a case questioning whether the Indiana Department of Transportation is liable for the death of an employee of an independent contractor working on a highway project.

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Governor: merit-selection ‘is not broken’

Gov. Mitch Daniels has vetoed legislation that would have ended merit-selection of St. Joseph Superior judges and instead made them run for office in non-partisan elections and create a new three-judge panel for the Indiana Court of Appeals. On the deadline for action on House Enrolled Act 1491, the governor late this afternoon used his veto power for the third time this session and rejected it. The legislation would have called for non-partisan elections to choose the county’s eight Superior judges…

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Man loses gender discrimination appeal

A federal appellate panel has upheld a U.S. District judge's decision against a man who alleged he's the victim of gender discrimination for being fired from St. Francis Hospital on claims he accessed inappropriate Web sites while at work.

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Professor testifies about impeachment of judge

Indiana University Maurer School of Law professor Charles G. Geyh appeared before the U.S. House of Representative's Committee on the Judiciary Tuesday as a witness in its hearing on the possible impeachment of U.S. District Judge Thomas G. Porteous of New Orleans.

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House OKs feticide bill, sends back to Senate

Legislation that would increase the penalty for fetal homicide has made it through the Indiana House of Representatives, and now must go back for approval in the Senate where it originated since some changes were made.

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Attorneys leaving Bingham to form new firm

Seven attorneys are leaving Indianapolis firm Bingham McHale to form a new insurance litigation firm, a move that one of the departing partners said came as a result of high rates and the large firm's practice group effectively pricing itself out of the market.

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County not dismissed in fired court clerks suits

Clark County lost in its efforts to be dismissed from suits filed by two fired Clark Circuit Court employees. Chief Judge David F. Hamilton in the U.S. District Court, Southern District of Indiana, ordered the county to file answers to the complaints no later than Sept. 6.

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COA reiterates confidential-information filing

The Indiana Court of Appeals emphasized in an opinion today the proper procedure for filing documents with confidential information, instigated by the fact the appellant's original appendix included a pre-sentence report on white paper and included a Social Security number.

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Law students complete diversity program

A program implemented by the state to help minority, low income, or educationally disadvantaged college graduates who will attend law school and plan to practice in Indiana has wrapped up its annual event.

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