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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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Batson Challenges
Batson Challenges
The Supreme Court handed down an interesting and important decision regarding Batson challenges in Addison v. State.
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Criminal Sentencing
Criminal Sentencing
Abbott v. State. The Supreme Court, in a 3-2 decision, revised a criminal defendant’s sentence from 20 years to 12 years. The defendant, who represented himself on transfer, was convicted of possessing cocaine within 1,000 feet of a school following a traffic stop.
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Online Privacy
Online Privacy
​In re Indiana Newspapers, Inc. d/b/a Indianapolis Star (Ind. Ct. App. Feb. 21, 2012) The Court of Appeals addressed an important issue – a newspaper’s obligation to reveal the identity of one who has commented on an online news story where the commentator’s statements were arguably defamatory.
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Notice Pleading
Notice Pleading
​ARC Construction Management, LLC v. Zelenak (Ind. Ct. App. Feb. 27, 2012) This case demonstrates the difficulties Indiana’s notice pleading rule sometimes causes parties seeking summary judgment.
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Interlocutory Appeals and Appellate Jurisdiction
Interlocutory Appeals and Appellate Jurisdiction
In re Indiana Newspapers v. Miller (Ind. Ct. App. Jan 18, 2012) Latest decision from the Court of Appeals regarding the Indianapolis Star’s attempt to appeal a discovery order issued by the Marion Superior Court.
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