Practitioners’ Corner
Friday’s Opinions
INDIANA TAX COURT Michael H. Klosinski and Phyllis J. Klosinski v. Dept. of Local Government Finance (NFP) 49T10-0909-TA-50 Tax. Grants the department’s Indiana Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction the Klosinskis’ 2008 tax year claim and Rule 12(C) motion for judgment on the pleadings on the Klosinskis’ 2007 tax … Continue reading Friday’s Opinions
Read MoreRecent Opinions
Indiana Court of Appeals Randy Tony v. Elkhart County57A05-0906-CV-312Civil. Reverses grant of summary judgment for Elkhart County in Tony’s suit he had been constructively discharged in retaliation for his worker’s compensation claims. The county failed to establish as a matter of law that Tony was not constructively discharged and there is sufficient evidence for Tony … Continue reading Recent Opinions
Read MoreIN COA Rules on Re-registration of Offenders
Indiana Lawyer ArticleTwo sex offenders serving or who had completed their 10-year registration period shouldn’t have been required to re-register for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.
Read MoreCircuit Certifies Question for Supreme Court
Indiana Lawyer ArticleThe 7th Circuit Court of Appeals concluded an Indiana statute dealing with salvage titles is ambiguous and it should be up to the state’s highest court to interpret it.
Read MoreKids Fine in Florida, Mom Facing a Custody Interference Charge
This should be a message to those of you readers that may not think that violations of family court orders are not serious business. Chesterton Tribune Article A Valparaiso man’s three children are on their way home from Largo, Fla., to be re-united with their father after Valparaiso Police said that the man’s ex-wife violated … Continue reading Kids Fine in Florida, Mom Facing a Custody Interference Charge
Read MoreGun Lawsuit Misfires Over Clerical Error
Wrong amendment cited in man’s case challenging city’s gun-return policy; judge dismisses claim Indianapolis Star ArticleA hot-button lawsuit challenging Indianapolis police’s gun-return policy ended this week, but not because of the lawyers’ arguments. It was a simple clerical error that led a U.S. District Court judge to dismiss the suit.
Read MoreCourt Issues Judgment in Absentee Ballot Case
Indiana Lawyer Article The Marion Circuit Court has outlined the required procedures for dealing with the county’s absentee ballots following a suit that accused the Marion County Election Board of not following statute. Among the findings: 1. An equal number of clerks should be appointed by both major political parties. 2. The Election Board shall … Continue reading Court Issues Judgment in Absentee Ballot Case
Read MoreNonprofit Sues Over DCS Rate Cuts
Indiana Lawyer Article A nonprofit organization made up of agencies that provide services to abused and neglected kids is suing the Indiana Department of Child Services for cutting rates paid to the agencies next year.
Read MoreCity Court Judge Faces Disciplinary Charges
Indiana Lawyer Article A city court judge accused in October of theft of court funds is now facing disciplinary charges. The Indiana Commission on Judicial Qualifications has filed charges against non-attorney Bicknell City Court Judge David Andrew Moreland.
Read MoreSupreme Court Takes Texting Case
New York Times ArticleBy ADAM LIPTAK WASHINGTON — The Supreme Court agreed on Monday to decide whether a police department violated the constitutional privacy rights of an employee when it inspected personal text messages sent and received on a government pager.
Read More