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Case Clips

Published by the Indiana Office of Court Services

Gary Community School Corp. v. Powell, No. 45S03-0809-CV-482, ___ N.E.2d ___ (Ind., May 19, 2009)

May 22, 2009 Filed Under: Civil Tagged With: B. Dickson, Supreme, T. Boehm

An employee filling multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee’s total service is sufficient to qualify, even if service in either position alone does not qualify.

Travelers Indemn. Co. v. Jarrells, No. 29A02-0807-CV-669, ___ N.E.2d ___ (Ind. Ct. App., May 21, 2009)

May 22, 2009 Filed Under: Civil Tagged With: Appeals, C. Darden, N. Vaidik, P. Riley

Travelers Indem. Co. v. Jarrells (Ind. Ct. App., Darden, J.) – Although (or because) trial court instructed the jury that, in determining its verdict, it must consider evidence of worker’s compensation payments, employer’s insurance carrier is entitled to reimbursement from the judgment for the worker’s compensation it paid on the injured employee’s behalf.

Hardley v. State, No. 49S05-0905-CR-209, __ N.E.2d __ (Ind., May 5, 2009)

May 8, 2009 Filed Under: Criminal Tagged With: B. Dickson, Supreme, T. Boehm

[T]he State may challenge the legality of a criminal sentence by appeal without first filing a motion to correct erroneous sentence, and . . . such appeal need not be commenced within thirty days of the sentencing judgment.

Metro Health Professionals, Inc. v. Chrysler, LLC, No. 06A04-0809-CV-547, __ N.E.2d ___ (Ind. Ct. App., May 4, 2009)

May 8, 2009 Filed Under: Civil Tagged With: Appeals, E. Brown

Auto purchaser was entitled to “Lemon Law” relief after seller’s fourth unsuccessful repair attempt even though a fifth repair attempt apparently succeeded after the “Lemon Law” was invoked.

Upton v. State, No. 52A02-0812-CR-1112, __ N.E.2d __ (Ind. Ct. App., Apr. 23, 2009)

May 1, 2009 Filed Under: Criminal Tagged With: Appeals, E. Brown

Application of “credit restricted felon” statute to offense committed before statute’s effective date violated ex post facto prohibition.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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