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State Courts -
Indiana - May 11 - May 14, 2007
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In re Coleman, Supreme Court Cause No. 49S00-0610-DI-366,
SUPREME COURT OF INDIANA, May 11, 2007, Decided , May 11, 2007, Filed
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Overview: Lawyer was suspended for 30 days pursuant to Ind. R. Prof. Conduct 1.3, and otherwise, because, inter alia, lawyer failed to respond to court and worker's compensation board in various specific instances, failed to file pleadings and disclosures as directed by those tribunals, and failed to respond to client or communicate with the client.
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In re Spurgeon Green, Supreme Court Cause No. 98S00-0605-DI-177,
SUPREME COURT OF INDIANA, May 11, 2007, Decided , May 11, 2007, Filed
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Overview: Reciprocal discipline of suspension in Indiana was imposed upon an attorney pursuant to Ind. R. Admis. Bar & Disc. Att'ys 23(28) because attorney, who was disbarred in Georgia for acts of misconduct in which attorney was paid for services and failed to act on behalf of or communicate with his clients, failed to respond to order to show cause.
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Tamko Roofing Prods. v. Dilloway, No. 46A05-0608-CV-443,
COURT OF APPEALS OF INDIANA, May 11, 2007, Decided , May 11, 2007, Filed
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Overview: Judgment for plaintiff in an action against a corporation arising from shingles manufactured by the corporation was affirmed, as the trial court properly determined that the corporation had waived its right to arbitration because the timing of an arbitration request was belated, and the corporation filed no dispositive motions prior to trial.
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Am. Arbitration Ass'n v. N. Miami Cmty. Schs. , No. 52A02-0608-CV-640,
COURT OF APPEALS OF INDIANA, May 14, 2007, Decided , May 14, 2007, Filed
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Overview: Trial court erred in granting preliminary injunction to prevent education association from arbitrating grievance regarding principal's severance package; the master contract between the parties had an enforceable arbitration clause that required submission of the grievance, which alleged violation of the master contract, to binding arbitration.
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N.H. v. Marion County Dep't of Child Servs., No. 49A04-0609-JV-504,
COURT OF APPEALS OF INDIANA, May 14, 2007, Decided , May 14, 2007, Filed
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Overview: Trial court erred in finding that child's guardian was not a party to a child in need of services proceeding because, according to Ind. Code § 31-34-9-7, a child's guardian was a party to all proceedings described in the juvenile law and had all rights of parties under the Indiana Rules of Trial Procedure.
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Speedway SuperAmerica LLC v. Holmes, No. 45A05-0506-CV-332,
COURT OF APPEALS OF INDIANA, May 14, 2007, Decided , May 14, 2007, Filed
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Overview: A gas station owner did not prove that it could not have obtained jeans that truck driver allegedly wore when he slipped on diesel fuel at the station within time for a motion to correct judgment under Ind. R. Trial P. 59 when the jeans were available at trial. Thus, the owner was not entitled to a new trial under Ind. R. Trial P. 60(B)(2), (3).
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