Indiana Court of Appeals

Worker's entire service decides FMLA eligibilityRestricted Content

May 19, 2009
Jennifer Nelson
In an issue of first impression, the majority of Indiana Supreme Court justices ruled an employee filling multiple positions with the same employer is eligible for leave under the Family and Medical Leave Act if the employee's total service is sufficient to qualify, even if the service in either position alone doesn't qualify.
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COA clarifies emotional distress claims

May 18, 2009
Jennifer Nelson
The Indiana Court of Appeals used an opinion today to clarify how to treat an independent action for emotional distress brought either in combination with the Wrongful Death Statute or as part of the Medical Malpractice Act.
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Judges differ in non-compete agreement case

May 18, 2009
Jennifer Nelson
In a legal dispute regarding a non-compete agreement, the Indiana Court of Appeals judges disagreed as to whether the agreement could be enforced if the former employee's clients voluntarily left and contacted him to continue to be their accountant.
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BMV policy needed to prevent identity theft

May 15, 2009
Jennifer Nelson
The inconvenience of a few Hoosiers outweighs the very real threat of identity theft, so the trial court was correct in denying a preliminary injunction against the Bureau of Motor Vehicle's verification of records using Social Security Administration data, the Indiana Court of Appeals ruled today.
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COA: Manufactured home subject to law

May 15, 2009
Jennifer Nelson
The Indiana Court of Appeals determined that manufactured mobile homes are subject to Indiana's common law warranty of habitability, so it reversed the grant of summary judgment in favor of a manufacturer in a homeowner's property damage and personal injury complaint.
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COA: No preliminary injunction against casinos

May 14, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges agreed a city isn't entitled to a preliminary injunction to order riverboat casinos to make payments to the city, but the judges disagreed as to why the city didn't meet its burden to prove an injunction was necessary.
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COA: Just running red light not reckless

May 13, 2009
Jennifer Nelson
Ruling on the issue for the first time, the Indiana Court of Appeals held that not stopping at an intersection cannot, without more evidence, constitute criminally reckless conduct and establish a prima facie case.
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Jury instruction requires new damages trial

May 12, 2009
Jennifer Nelson
A jury instruction the Indiana Court of Appeals found to incorrectly state the law required the court to remand for a new trial on damages in a negligence suit.
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COA reverses decree award of military benefits

May 12, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a portion of a divorce decree awarding some of the husband's military benefits and housing allowance to his wife because the separation agreement excluded granting the wife any rights to them.
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Adkins applies to drug possession defense

May 7, 2009
Jennifer Nelson
While the Indiana Court of Appeals unanimously agreed a defendant charged with possessing drugs within 1,000 feet of a school only has the burden of placing the issue of statutory defense in question where the state's evidence hasn't done so, the court split in affirming the defendant's possession conviction.
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COA split on which statute of limitation applies

May 7, 2009
Jennifer Nelson
The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.
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COA rules on first impression lemon-law issue

May 5, 2009
Jennifer Nelson
The Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem.
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Court orders mandate for full parole hearing

May 4, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a prisoner's pro se action for a mandate requiring all five parole board members to vote on his parole eligibility, ruling the prisoner's case was supported by Indiana statute.
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Oral findings allowed in attorney fee case

May 4, 2009
Jennifer Nelson
A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.
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COA to hear arguments in parks ban case

May 4, 2009
IL Staff
The Indiana Court of Appeals will hear arguments Tuesday in a sex-offender park ban case out of southern Indiana.
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COA: Man's sentence could be increased

April 30, 2009
Jennifer Nelson
The Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions was applicable to a defendant's sentence.
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Mom's mental ability not reason for termination

April 30, 2009
Jennifer Nelson
The Indiana Court of Appeals declined to write an opinion barring the state from pursuing termination of parental rights of a "retarded person," as requested by the mother in a termination of parental rights case.
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Forged agreement presents question of fact

April 29, 2009
Jennifer Nelson
A company that forged a former employee's non-compete contract and later sued and settled with another company over that false document isn't entitled to summary judgment in a new suit brought by the other company after it learned the document was forged, ruled the Indiana Court of Appeals.
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COA upholds workplace restraining order

April 28, 2009
Jennifer Nelson
The Indiana Court of Appeals today analyzed for the first time the legal parameters required to affirm an order issued to protect a person under the Workplace Violence Restraining Order Act. The appellate court turned to the Indiana Civil Protection Order Act to provide context for analyzing cases under the WVROA.
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COA upholds attorney's felony conviction

April 27, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of an attorney's motion to have his prior drunk-driving conviction reduced to a misdemeanor because the attorney was arrested again for drunk driving before completing his probation.
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COA invites high court to revisit Indiana law

April 24, 2009
Jennifer Nelson
In a case involving the purchase of a home, Indiana Court of Appeals judges today disagreed as to whether the home sellers should be granted summary judgment in a fraud suit. The judges unanimously did agree to encourage the Indiana Supreme Court to re-evaluate a rule that protects a seller from a lawsuit, even if he lies about a property, as long as the prospective buyer had a reasonable opportunity to inspect the property.
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COA rules in negligent application process case

April 21, 2009
Jennifer Nelson
Addressing an issue today for the first time in state courts, the Indiana Court of Appeals had to determine whether a couple could sue their insurance broker for alleged negligence during the application process.
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COA reclassifies workplace e-mail case

April 20, 2009
IL Staff
The Indiana Court of Appeals April 16 reclassified a not-for-publication opinion regarding an Indiana Department of Local Government Finance employee's use of his work e-mail account.
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Court clarifies continuing objection procedure

April 20, 2009
Jennifer Nelson
If a trial court grants a continuing objection, counsel doesn't have to object each time the class of evidence is subsequently offered, but if the trial court doesn't specifically grant the right to a continuing objection, counsel must object to the evidence as it is offered in order to preserve the issue on appeal, the Indiana Court of Appeals ruled today.
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Judge: Courts failing on mental illness

April 17, 2009
Michael Hoskins
An Indiana Court of Appeals judge today lambastes the criminal justice system's efforts in dealing with defendants who may never be competent to stand trial, inviting more to be done by either the state's lawmakers or highest court.
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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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