Civil case

High court divided on faulty workmanship coverage under CGL policy

October 1, 2010
Jennifer Nelson
The high court split on whether an “occurrence” under a commercial general liability policy covers an insured contract for faulty workmanship of its subcontractor.
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News Update: Justices rule in favor of casinos

October 1, 2010
Michael Hoskins
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card-counters and that problem gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
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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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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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