Civil case
Sale to trust creates first impression
December 6, 2010
Jennifer NelsonA sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression
for the Indiana Court of Appeals Monday.
MoreCourt splits on duty owed by independent contractor
December 6, 2010
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an
“impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was
injured.
MoreSocial-services recipients entitled to injunctive relief
December 3, 2010
Jennifer NelsonThe Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t
name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana
Court of Appeals ruled Friday.
MoreCOA: Man’s intoxication doesn’t prevent recovery
December 3, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment in favor of a bar because the trial court was incorrect in ruling that
an injured man’s voluntary intoxication precluded any recovery under the Dram Shop Act.
MoreCourt orders attorney’s fees following bad faith appeal
December 2, 2010
Jennifer NelsonThe Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third
amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to
the estate.
MoreAppellate court upholds enforcing settlement agreement
November 30, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement,
finding the parties agreed to the essential terms resolving the issues between them.
MoreALJ didn't inform vocational expert on the totality of claimant's limitations
November 29, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals reversed a District Court’s upholding of the Social Security Administration’s
denial of a woman’s application for benefits because the Administrative Law Judge erred by not including her moderate
limitation on concentration, persistence, and pace in the hypothetical he posed to a vocational expert.
MoreCircuit Court reverses stay on producing public records
November 29, 2010
Jennifer NelsonA northern Indiana District Court was wrong in granting a Wisconsin city’s motion for a stay, which allowed the city
to withhold public records from the bank suing it for violating securities law, the 7th Circuit Court of Appeals
concluded today. The issue was whether the order issued by a state court for the city to produce the documents could be stayed
by federal law because the request constituted discovery proceedings.
MoreJudges reverse support modification for lack of jurisdiction
November 22, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because
jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely
troubling.”
MoreAppellate court affirms judgment in coverage dispute
November 22, 2010
Jennifer NelsonIndiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed
insurance contract, the Indiana Court of Appeals held today.
MoreCOA: Summary judgment wrong in foreclosure suit
November 19, 2010
Jennifer NelsonA mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised
as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals
ruled today for the first time.
MoreChief’s recusal results in split Supreme Court
November 18, 2010
Michael HoskinsThe same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated
the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall
T. Shepard.
MoreJudges: disparagement provision not violated
November 18, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals twice declined to certify questions to the Indiana Supreme Court a litigant raised in his
appeal of a suit involving alleged violations of a non-disparagement clause in a settlement agreement.
MoreAppellate court finds garage insurance policy doesn’t cover injuries
November 18, 2010
Jennifer NelsonFor only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld
partial summary judgment in favor of the insurer.
MoreDespite out-of-court agreement, COA upholds motion to strike
November 15, 2010
Jennifer NelsonThe Indiana Court of Appeals encourages collegiality among attorneys when it comes to resolving issues outside of court, but
it had to uphold the striking of documents because they were not timely filed with the trial court. The parties’ attorneys
agreed to an extension of time to reply outside of court, but the trial court had no choice but to not allow the late reply.
MoreCOA affirms Avon ordinance invalid
November 12, 2010
Jennifer NelsonThe Town of Avon’s attempt to regulate by ordinance a township and conservancy district’s ability to remove and
sell groundwater located in a park failed because the ordinance violated Indiana law, the Indiana Court of Appeals held today.
MoreDOC violated religious rights in denying kosher meals
November 5, 2010
Jennifer NelsonA federal judge has found the Indiana Department of Correction was wrong to stop serving kosher meals to those whose religious
practices required them to eat the specially prepared meals.
MoreJudges: early retirement ends unemployment benefits
November 5, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement
package after she was laid off.
MoreCOA affirms man not falsely arrested, imprisoned
November 4, 2010
Jennifer NelsonThe Indiana Court of Appeals declined to address whether a pro se prisoner is “incapacitated” for purposes of
the Indiana Tort Claims Act in a man’s appeal of his suit involving false arrest and false imprisonment.
MoreJudge grants attorney summary judgment in collections suit
November 1, 2010
Jennifer NelsonA federal judge ruled in favor of an Indianapolis attorney involved in a class-action suit alleging he violated the Fair Debt
Collection Practices Act. The judge granted summary judgment to the attorney after finding the class representative fell outside
the class definition.
MoreCourt divides over injury claim under insurance policy
October 29, 2010
Jennifer NelsonThe Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury”
under their uninsured motorist coverage.
MoreJudges send Medicaid case back for review
October 25, 2010
Jennifer NelsonThe Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked
findings of fact making the case mostly unreviewable by the appellate court.
MoreJudges hold option to buy real estate valid
October 22, 2010
Jennifer NelsonThe purchaser of real estate through an option executed years earlier didn’t make the option unenforceable against the
owner’s estate by not tendering the purchase price when exercising his option to buy the land, the Indiana Court of
Appeals concluded today.
MoreJudge cautions about filing frivolous suits
October 21, 2010
Jennifer NelsonA Northern District judge has warned two litigants that if they keep filing frivolous lawsuits they may be fined, sanctioned,
or restricted.
MoreCOA: Candidate remains on ballot
October 20, 2010
Jennifer NelsonThe Republican winner of the primary election for Indiana House of Representatives District 74 will remain on the ballot for
the general election, the Indiana Court of Appeals ruled today.
More
Sponsored by
on Facebook & Twitter
on Facebook & Twitter
Indiana Lawyer on Facebook
ADVERTISEMENT
Court Calendar
-
May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
-
May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
-
May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
-
June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
ADVERTISEMENT
Back to TopCopyright © All Rights Reserved. Privacy Policy | Terms of Use.
Design, CMS, Hosting & Web Development :: ePublishing.
Additional Hosting & Delivery by
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!