Civil case

Court of Appeals upholds Miller estate decision

September 30, 2010
Kathleen McLaughlin
The Indiana Court of Appeals has sided with former Columbus, Ind., banker Will Miller in an estate battle launched by his older brother, Hugh.
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Vested employer-provided health-insurance premiums are an asset

September 29, 2010
Jennifer Nelson
The Indiana Supreme Court held that employer-provided health-insurance benefits constitute an asset once they have vested in a party to the marriage, and addressed for the first time the possible methods of valuing these benefits in marriage dissolution. This conclusion led one justice to dissent because it disrupts existing dissolution property division law.
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Court: team-building activity not under insured conditions

September 28, 2010
Elizabeth Brockett
The Indiana Court of Appeals today affirmed summary judgment in favor of an insurance company, noting a soccer team’s accident while traveling to an activity outside of the trip’s purpose was not covered.
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Mental-health facility report not same as charging instrument

September 23, 2010
Jennifer Nelson
The due process protections applicable to a charging instrument in a criminal case aren’t applicable to a report filed after someone is detained in a mental-health facility, the Indiana Court of Appeals ruled.
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Lawyers can't appeal termination without parent's authorization

September 22, 2010
Jennifer Nelson
The Indiana Supreme Court held Tuesday that although parents have a statutory right to appellate counsel to appeal an order ending their parental rights, a parent’s trial lawyer cannot pursue an appeal without the parent’s authorization.
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Appellate court finds lawsuit brought in bad faith

September 20, 2010
Jennifer Nelson
The Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents, affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his wife.
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Justices: BMV can require names to match SSA records

September 10, 2010
Jennifer Nelson
The trial court was correct to find that the public interest in preventing fraudulent use of driver’s licenses trumps some people’s desire to have their commonly used names on their licenses, the Indiana Supreme Court ruled today.
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Justices rule against POA on joint-account funds issue

September 9, 2010
Jennifer Nelson
The Indiana Supreme Court ruled against a woman who was made power of attorney by the man she worked for as a caretaker and opened bank accounts in both their names. The presumption is that the woman’s use of her power of attorney to benefit herself made those accounts invalid, and she failed to overcome that presumption to allow her to inherit the money from those accounts.
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Judges split on district's need to pay for new water main

September 8, 2010
Jennifer Nelson
The Indiana Court of Appeals split today on whether a school district was required to pay for the installation of a new water main as opposed to privately putting in its own water service line to connect to a new school.
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Defendants in will contest must timely answer

September 7, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
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COA reverses judgment on contract-rescission claim against lottery

September 7, 2010
Jennifer Nelson
The Indiana Court of Appeals will allow lottery scratch-off game players’ claim of contract rescission against the state’s lottery commission to proceed to trial, but the court affirmed summary judgment in favor of the lottery on the other claims filed by the players in a class-action suit.
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7th Circuit upholds Indiana's judicial canons

September 1, 2010
Michael Hoskins
At a time when the legal community is caught up in controversies about how judges are selected and whether they can remain impartial, the 7th Circuit Court of Appeals has weighed in on that national debate and ruled that states have the authority to self-regulate on those issues as it relates to judicial canons.
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7th Circuit rules on attorney fee issues in brownfield case

August 31, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has mostly upheld an Indiana federal judge who’d ruled on the litigation costs and attorney fees involved in a Shell gas station brownfield case.
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COA: variance for residential wind turbine allowed

August 31, 2010
Rebecca Berfanger
The Court of Appeals today affirmed a decision from the Warrick Superior Court that found the Board of Zoning Appeals of the Area Plan Commission of Warrick County was right in allowing a 20-foot variance for the construction of a residential wind turbine.
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High court remands Medicaid case to lower court

August 31, 2010
Jennifer Nelson
The Indiana Supreme Court ordered a Marion Superior Court to let Medicaid recipients involved in a decades-long lawsuit present evidence to demonstrate the transportation they may be entitled to by law and if they have been or will be denied services because of lower pay rates to Medicaid transportation providers.
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Child must show she is born out of wedlock to inherit

August 27, 2010
Jennifer Nelson
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section 29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
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Court rules on first impression FLSA issue

August 24, 2010
Jennifer Nelson
In denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge noted the issue appears to be one of first impression in the 7th Circuit.
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7th Circuit upholds Indiana judicial canons

August 20, 2010
Michael Hoskins, Michael Hoskins
A three-judge federal appellate panel says that Indiana’s judicial canons are not unconstitutionally restrictive of free speech and should stand.
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COA addresses inverse condemnation issues

August 20, 2010
Elizabeth Brockett
Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding fraudulent concealment and the statute of limitations.
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COA: attorney's statement binding

August 19, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against the company and that admission is binding.
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Court upholds judgment in legal malpractice suit

August 16, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although the judges didn’t agree on the professional obligations of the firm based on its contract.
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COA addresses equine statute for first time

August 16, 2010
Jennifer Nelson
Ruling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute barred a woman’s claim for injuries during a horse competition.
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Admittance of psychologist's testimony requires new trial

August 13, 2010
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.
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Judges split in adopted trust-beneficiaries matter

August 13, 2010
Jennifer Nelson
In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.
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No qualified immunity for officer in diabetic man's claim

August 12, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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