COA: Aunt and uncle have no standing for visitation petition
Indiana statutes and caselaw do not allow for aunts or uncles of a child to petition for visitation, the Indiana Court of Appeals held Monday.
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DCS announces new foster care reimbursement rates
Following a lawsuit filed by foster parents after the Indiana Department of Child Services announced in 2009 that it was going to decrease the foster care per diem by 10 percent, the department announced Friday that it has come up with new reimbursement rates beginning Jan. 1, 2012.
Federal appeals court examines disputed telephone charges
Writing for a unanimous 7th Circuit Court of Appeals panel, U.S. Judge David Hamilton authored an opinion Tuesday full of what he calls “telephonese.” The opinion delves into a small business’s disputed phone bill charges and how those matters are governed by state and common law.
COA sides with Live Nation in naming dispute
The Indiana Court of Appeals has affirmed the trial court’s dismissal of the Murat Temple Association’s claim that Live Nation Worldwide violated terms of its lease agreement.
11th Circuit strikes portion of health-care reform law
The 11th Circuit Court of Appeals in Atlanta ruled on a challenge to the federal health-care law filed by numerous states, including Indiana, and found the federal mandate that individuals have to purchase health insurance or face a penalty to be unconstitutional.
Judges reverse ruling mechanic’s lien has priority over mortgages
The Indiana Court of Appeals ruled there was no reason for a trial judge to disregard the state’s priority statutes regarding liens and mortgages and find that a construction company’s mechanic’s lien has priority over previously recorded mortgages.
Workers’ comp cases question line between employer liability and employee responsibility
In June, the Superior Court of New Jersey, Appellate Division, affirmed the finding of a workers’ compensation judge who ruled that a man whose wife died of a pulmonary embolism while working from home was entitled to workers’ compensation survivor benefits. In Renner v. AT&T, No. A-2393-10T3, a doctor admitted that other factors – including obesity – may have been risk factors for developing the fatal blood clot.
Golf course manager suing DuPont over herbicide
An Indianapolis-based golf course manager is leading a national class-action lawsuit charging that a herbicide manufactured by DuPont is killing trees and other vegetation.
Judge blocks Medicaid fee cut to pharmacies
A federal judge in Indianapolis has temporarily blocked the state from cutting the fees it pays to pharmacists for dispensing Medicaid prescriptions.
Court awarding grants for CHINS, parental termination programs
The Indiana Court Improvement Project is giving out up to $350,000 in grants aimed at helping children and families who are navigating through the state’s child welfare system.
Indiana securities attorney dies
Prominent Indiana trial attorney Thomas A. Hargett, who obtained a $262 million jury verdict against a securities company nearly a decade ago, died last week after battling cancer.
Federal anti-streaming bill has broad implications
Putting a video on YouTube and embedding that video onto another site could be all it takes to commit a felony under a statutory amendment before the U.S. Senate.
Legal trend utilizes AG experience
When he was the state’s top prosecutor, former Indiana Attorney General Jeff Modisett saw the beginning of a trend that’s now become a focus of his practice.
I-9 audits present legal concerns for businesses
Indiana’s chapter of the National Federation of Independent Business issued a press release June 23, urging Indiana businesses to prepare for I-9 audits. U.S. Immigration and Customs Enforcement has stepped up its audits of businesses nationwide in an effort to crack down on the employment of unauthorized immigrant workers.
Are you a happy lawyer?
Are they unhappy as lawyers, or are they just unhappy with the direction their legal careers have taken? A recent poll by the Indiana Lawyer asked the question, “If you had it all to do over again, would you still become a lawyer?” Results revealed that less than half could affirmatively say they were happy in their chosen profession.
Appellate court divided over trust liability
The Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory damages and attorney fees.
Immigrant students receive diverted sentences
On June 14, five undocumented immigrant students received diverted sentences for criminal trespass charges stemming from an incident in May in Gov. Mitch Daniels' office.
7th Circuit affirms ruling against former jail nurses
In a discrimination and hostile work environment case, the 7th Circuit Court of Appeals concluded for the first time that displays of confederate flags in the workplace may support a hostile work environment claim. However, the judges agreed with the District Court that several African-American nurses formerly employed by a Marion County jail could not support their legal claims.
Groups file suits against new law
The National Immigration Law Center, American Civil Liberties Union of Indiana, and the national ACLU Foundation Immigrants’ Rights Project filed a class action lawsuit May 25 challenging the wording of a new Indiana law designed to curb illegal immigration.
Switching sides: defenders become plaintiffs’ attorneys
Bloomington attorney Mike Phelps was a successful defender for insurance companies for nine years. But a personal injury case that he won on behalf of the defendant caused him to question whether he was ready for a change.