Civil case
Justices: no summary judgment for grocer in negligence suit
July 1, 2010
Jennifer NelsonThe Indiana Supreme Court upheld the denial of a supermarket’s motion for summary judgment in a negligence case, finding
the company failed to carry its burden in showing that criminal activity on its premises at the time a customer was assaulted
wasn’t foreseeable.
More1-year limit toll not extended by appeal
July 1, 2010
Jennifer NelsonThe one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals
court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals
ruled today in an issue of first impression.
MoreJustices address economic loss rule in 2 opinions
June 30, 2010
Jennifer NelsonIn two separate rulings involving the “economic loss rule,” the Indiana Supreme Court ruled against a library
seeking to hold subcontractors and an engineer responsible for negligence, and in favor of a bank in its tort claim against
a title company.
MoreCOA reverses judgment on 1 cross-claim in library appeal
June 28, 2010
Jennifer NelsonThe Indianapolis-Marion County Public Library should be able to pursue a cross-claim against an engineering company for breach
of professional standard of care, the Indiana Court of Appeals ruled today.
MoreJustices order trial on reasonable force issue
June 28, 2010
Jennifer NelsonA law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from
liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme
Court held today.
More7th Circuit: Insurer can challenge its duty to defend
June 22, 2010
Elizabeth BrockettThe 7th Circuit Court of Appeals has lifted a stay imposed by the District Court in Hammond on an insurer’s declaratory
judgment action regarding coverage of a physician who skipped town instead of facing criminal charges and civil suits.
MoreCOA: negligence claim should go to trial
June 18, 2010
Jennifer NelsonThe Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence
following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.
MoreCourt rules on liability in nursing home accident
June 10, 2010
Michael HoskinsThe Indiana Court of Appeals today turned to an issue that has been dealt with few times in state court history:
What happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident on the front porch before crashing into the building itself?
MoreWhat happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident on the front porch before crashing into the building itself?
Man's suit filed after all statutes of limitations
June 9, 2010
Jennifer NelsonThe Indiana Court of Appeals agreed a Logansport resident has standing to sue his city over the operation and management of
a city park, but that his suit is barred by statutes of limitations.
MoreCourt sets drug-court termination requirements
May 28, 2010
Elizabeth BrockettAn Indiana Court of Appeals ruling today sets requirements for drug court terminations after a man’s participation was
terminated without minimum due process.
MoreJustices rule on case about worker's compensation, damages
May 27, 2010
Michael HoskinsUpholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered
guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining
punitive damage awards.
MoreAttorneys say ruling confuses discovery regarding expert materials
May 26, 2010
Michael HoskinsA liability lawsuit filed by the victims of a water-heater explosion a year after the May 2004 blast has erupted in its own
metaphorical explosion of discovery disputes.
MoreMom may be liable for daughter's accident
May 12, 2010
Jennifer NelsonThe Indiana Court of Appeals judges agreed that a mother may possibly be liable for her daughter’s accident in which
she struck a pedestrian with her car after drinking and talking on her cell phone at the time of the accident. The judges
didn’t completely agree as to why the mother may be liable.
MoreTrial court lacks jurisdiction in tax suit
April 27, 2010
Jennifer NelsonThe Indiana Tax Court is the proper venue for a suit filed by the state to recover an erroneous tax refund, the Indiana Court
of Appeals affirmed today.
MoreCOA upholds eviction action
April 26, 2010
Jennifer NelsonA trial court properly treated a couple's action against the man who agreed to purchase a house from them
as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of
a pre-closing possession agreement like the one in the instant case.
MoreJudges reverse protection order
April 22, 2010
Jennifer NelsonA protection order under Indiana Code Section 34-26-5 against a woman should not have been issued because there was no evidence
of domestic violence, stalking or a sex offense as required by statute, the Indiana Court of Appeals ruled today.
MoreFull appeals court decides on IPAS case
April 22, 2010
Michael HoskinsNine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding
mentally ill inmates, finding an independent state agency had a right to sue on those issues.
MoreJustices rule on casino land-ownership dispute
April 20, 2010
Michael HoskinsA land-ownership dispute about an Ohio River riverboat-casino docking site is the subject of an Indiana Supreme Court ruling
today, touching on land deeds from the 1800s and who had the right to use and give away ownership of less than an acre of
land.
MorePlaintiff loses federal challenges to voter ID law
April 19, 2010
Jennifer NelsonA federal judge ruled against a Cumberland man in his federal challenge to Indiana's voter identification law,
but did remand his pending state claims to a Marion Superior Court for consideration.
MoreCourt: Medical record loss is negligence
April 16, 2010
Michael HoskinsIf a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court
of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.
MoreCOA: Inmate must pay filing fees
April 14, 2010
Rebecca BerfangerThe Indiana Court of Appeals has ruled today on another case filed by a New Castle Correctional Facility inmate who had filed
at least 50 civil actions.
MoreEx-racer loses appeal on Porsche ownership
April 13, 2010
Michael HoskinsThe 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the
Indianapolis Motor Speedway Foundation's Hall of Fame Museum.
MoreFMLA leave doesn't accrue hours for benefits
April 2, 2010
Michael HoskinsThe 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical
leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.
MoreJudges disagree on retroactive support issue
March 31, 2010
Jennifer NelsonIn a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support
order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether
a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
MoreJudges rule on custody issues
March 30, 2010
Jennifer NelsonWhen modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature
as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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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!