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Appellate Jurisdiction
Appellate Jurisdiction
​Walters v. Austin (Ind. Ct. App. April 18, 2012) This case demonstrates the importance of knowing and following appellate procedural rules.
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Unemployment Benefits
Unemployment Benefits
​Alebro v. Review Board of the Indiana Department of Workforce Development (Ind. Ct. App. April 18, 2012) In this case, the Court of Appeals reversed the Review Board’s grant of unemployment benefits, holding that if an employee’s explanation for the behavior that led to termination is a different terminable offense, the employer has just cause to terminate the employee.
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Fourth Amendment
Fourth Amendment
​Westmoreland v. State (Ind. Ct. App. April 17, 2012) This case is Indiana's Court of Appeals' first in-depth discussion of the SCOTUS decision in Arizona v. Johnson, 555 U.S. 323 (2009), which addressed the authority of police officers to conduct pat-down searches of vehicle passengers after routine traffic stops.
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Worker's Compensation Exclusivity
Worker's Compensation Exclusivity
​The Estate of Smith v. Stutzman (Ind. Ct. App. March 23, 2012) In this case, the Court of Appeals held that the trial court properly set aside a default judgment entered against an employer on a claim brought by an employee who claimed he was injured due to the employer’s negligence.
Duty for Safety on Construction Site
Duty for Safety on Construction Site
​Hunt Construction Group, Inc. v. Garrett (Ind. March 22, 2012) This important construction accident case resulted in two important holdings.
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Insurance Coverage for Pollution
Insurance Coverage for Pollution
​State Mutual Insurance Company v. Flexdar, Inc. (Ind. March 22, 2012) In a 3-2 decision, our Supreme Court held that the pollution exclusion in the Defendant’s commercial general liability policy was ambiguous and therefore provided coverage for the Plaintiff’s costs of cleaning up trichloroethylene that was present in its soil and groundwater.
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Appellate Attorney Fees
Appellate Attorney Fees
​Chaney v. Clarion Health Partners, Inc. (Ind. Ct. App. March 22, 2012) In this case, the Court of Appeals affirmed its initial order awarding appellate fees and costs but modified its published decision based on two errors pointed out by the parties seeking rehearing.
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Due Process Requirements for Tax Sales
Due Process Requirements for Tax Sales
Marion County Auditor v. Sawmill Creek, LLC (Ind. March 21, 2012) This case discusses the adequacy of notice of a tax sale for property under the U.S. Constitution’s due process clause.
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Civil Jury Instructions
Civil Jury Instructions
​The Laporte Community School Corporation v. Rosales (Ind. March 20, 2012) This child wrongful death case addresses the impropriety of jury instructions regarding a party’s contentions.
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Attorney Discipline
Attorney Discipline
In re Brizzi (Ind. March 12, 2012) The Supreme Court determined that statements made by Carl Brizzi, the former Prosecutor for Marion County, warranted a public reprimand.
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Indiana Appellate Decision Addressing the Underinsured Motorist Statute
Indiana Appellate Decision Addressing the Underinsured Motorist Statute
​Lakes v. Grange Mutual Casualty Company (Ind. March 20, 2012) This case is one of several Indiana Appellate decisions addressing the phrase “coverage available for payment to the insured” and the Underinsured Motorist Statute, I.C. §27-7-5-4.
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Insurance Coverage for Environmental Cleanup
Insurance Coverage for Environmental Cleanup
​Indiana Farm Bureau Ins. Co. v. Harleysville Ins. Co. (Ind. Ct. App. March 16, 2012) Insurance coverage dispute regarding coverage for proceedings related to the remediation of contamination at a gas station gave the Court of Appeals the opportunity to discuss the known loss doctrine and the reasonable notice requirement present in most general liability policies.
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Government Employee's Free Speech Rights
Government Employee's Free Speech Rights
​Messer v. New Albany Police Department (Ind. Ct. App. March 15, 2012) This case addressed the interaction of the First Amendment right to free speech and the government’s authority to regulate the speech of its own employees.
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Due Process in CHINS Adjudications
Due Process in CHINS Adjudications
​In re T.M. (Ind. March 13, 2012) and In re K.D. (Ind. March 13, 2012) These companion cases addressed the procedural due process safeguards required in CHINS cases. Specifically, the cases held that parents who request a contested fact-finding hearing have a constitutional due process right to such a hearing.
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Attorney Fees
Attorney Fees
R.L. Turner Corporation v. Town of Brownsburg (Ind. March 9, 2012) The Supreme Court clarified that a trial court may permissibly enter an award for attorney fees after it dismisses a claim.
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Criminal Jury Instructions
Criminal Jury Instructions
​Garrett v. State (Ind. Ct. App. March 7, 2012) The Court of Appeals held it was reversible error to refuse to instruct the jury on the lesser-included offense of possession of methamphetamine in addition to the charge of dealing methamphetamine.
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Police and Firefighter Disability Fund
Police and Firefighter Disability Fund
​Thatcher v. City of Kokomo (Ind. March 6, 2012) In this case, the Indiana Supreme Court answered two certified questions from the United States District Court for the Southern District of Indiana regarding the 1977 Fund, a disability and pension fund for police officers and firefighters
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Personal Jurisdiction
Personal Jurisdiction
Davis v. Simon (Ind. Ct. App. Feb. 29, 2012) This case involves the oft-litigated issue of personal jurisdiction.
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Underinsured Motorists Coverage
Underinsured Motorists Coverage
Hanna v. Indiana Farms Mutual Insurance Company (Ind. Ct. App. Feb. 29, 2012) This case involves an underinsured motorists (UIM) claim brought by the parents of a child killed in a two-car collision during a drag race.
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Motorist's Duty to other Motorists
Motorist's Duty to other Motorists
Brown v. Hamilton (Ind. Ct. App. Feb. 28, 2012)The Court of Appeals held that a driver who signals to a second driver that it is safe to proceed owes a duty to a third motorist who is injured because of the second driver’s reasonable reliance on the signaling driver.
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