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State Courts -
Indiana - April 27, 2007
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Brimhall v. Brewster, No. 21A01-0609-CV-416,
COURT OF APPEALS OF INDIANA, April 27, 2007, Decided , April 27, 2007, Filed
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Overview: Exceptional circumstances justifying grant of Ind. R. Trial P. 60(B)(8) motion existed where court failed to notify appellees of dismissal order following entry and, thereafter, allowed case to proceed as if dismissal had not been entered. Appellees had no knowledge or reason to file for relief until after nunc pro tunc orders were invalidated.
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Higgason v. Ind. Dep't of Corr., No. 46A03-0610-CV-474,
COURT OF APPEALS OF INDIANA, April 27, 2007, Decided , April 27, 2007, Filed
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Overview: Dismissal of inmate's suit against department was proper pursuant to Ind. Code § 34-58-2-1 because that section did not infringe upon the fundamental right to seek redress in court and did not unreasonably deny offenders right of access to courts, but instead placed conditions on a prisoner's ability to file a claim, and was not unconstitutional.
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Naugle v. Beech Grove City Sch., No. 49S02-0606-CV-242,
SUPREME COURT OF INDIANA, April 27, 2007, Decided , April 27, 2007, Filed
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Overview: The Wage Payment Statute, Ind. Code § 22-2-5-1 to 22-2-5-3, applied to school corporations, as nothing in the Statute supported exempting school employees from its protection, and it did not provide for a good faith exception. Given practical considerations, the term "day" in Ind. Code § 22-2-5-1(b) referred to business days, not to calendar days.
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