Civil case
Reimbursement to estate should be proportional
November 18, 2009
Jennifer NelsonThe Indiana Supreme Court ruled today that a proportional allocation of proceeds from a pre-trial settlement would be best
way to reimburse an estate for funeral and burial expenses.
MoreCOA: Insurance funds aren't a money judgment
November 16, 2009
Jennifer NelsonIn a matter of first impression, the Indiana Court of Appeals decided today that a summary judgment granting insurance policies
isn't equivalent to a money judgment that would allow for 8 percent post-judgment interest.
MoreCOA: Obama, McCain eligible to be president
November 12, 2009
Jennifer NelsonMore than a year after the 2008 presidential election, the Indiana Court of Appeals ruled that Sens. John McCain and Barack
Obama were eligible to run for the office.
MoreInsurance presents first-impression issue
October 30, 2009
Jennifer NelsonThe Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a
former employer aren't a marital asset subject to a division.
MoreCOA: Casinos can't ban card counters
October 30, 2009
Michael HoskinsAn Indiana casino cannot stop someone from playing regulated blackjack simply because he counts cards, the Indiana Court of
Appeals ruled today.
MoreInsurer not allowed to substitute party name
October 29, 2009
Jennifer NelsonAn insurance company isn't allowed to substitute another party's name in a suit filed by a driver for her underinsured
motorist benefits because there's no authority for substitution of a non-party before a jury in a contract case, the Indiana
Court of Appeals decided today. Doing so would create a "legal fiction" before the jury.
MoreCOA: Plaintiff class in FSSA suit too broad
October 27, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services
Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people
with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties
don't claim this action alters their appeal.
MoreSupreme Court upholds denial of continuance
October 27, 2009
Jennifer NelsonThe majority of justices on the Indiana Supreme Court agreed that the trial court didn't abuse its discretion in denying
a married couple's pro se motion to continue after their attorney withdrew six weeks before trial. The dissenting justice
argued because of the complexities of the case, the trial court should have granted the couple's motion.
MoreCourt erred in judgment, sanctions order
October 22, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals overturned summary judgment in favor of a company on a former employee's suit for disability
discrimination, finding there is a genuine issue as to whether the company regarded the employee as disabled when it fired
him.
MoreFarming dispute creates first impression issue
October 16, 2009
Michael HoskinsIn a ruling from the Indiana Supreme Court on an issue of first impression, two of the state's five justices fear a new
holding will have far-reaching impact not only on the forfeiture cases at issue, but also mortgage foreclosure cases impacting
the commercial and industrial real estate world.
MoreAttorney's fees can come from damages award
October 13, 2009
Jennifer NelsonReasonable attorney's fees may be paid out of the damages award in a wrongful death action, the Indiana Court of Appeals
ruled today.
MoreCourt rules on workers' comp dispute
October 13, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a finding that a company had acted in bad faith in denying workers' compensation
benefits because there was a dispute over who should pay the benefits.
MoreDissent: new issues can be raised in response
October 9, 2009
Michael HoskinsParties shouldn't be allowed to raise arguments for the first time in response to a rehearing petition before an appellate
court, an Indiana Court of Appeals judge wrote in disagreeing with two of her colleagues.
MoreTestimony based on medical journals allowed
October 8, 2009
Michael HoskinsA physician testifying at a medical malpractice case should have been allowed to offer testimony based on her reading
of medical journals, and a Marion County judge erred when he excluded part of her statements, the Indiana Court of Appeals
decided.
MoreFirst impression in utility fee case
October 7, 2009
Jennifer NelsonIn a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission
properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.
MoreIndiana order doesn't modify Florida order
October 7, 2009
Jennifer NelsonThe Indiana Supreme Court affirmed that a Vanderburgh Superior Court's order requiring a father to pay less than the full
amount of a Florida support obligation, which allowed him to avoid incarceration, didn't impermissibly modify the foreign
judgment.
MoreRestitution for lost wages an error
October 6, 2009
Jennifer NelsonA trial court erred in ordering a man to pay restitution of the lost wages of his victim because there's no direct link
the man's criminal recklessness caused the victim to be fired, the Indiana Court of Appeals ruled.
MoreCOA: Annexation should have been granted
October 6, 2009
Jennifer NelsonThe Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden
when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's
ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.
MorePutative dad can file paternity petition for child
October 5, 2009
Jennifer NelsonThe Indiana Court of Appeals has ruled that although a putative father's paternity petition should be dismissed, he could
proceed as the next friend of the alleged daughter in her paternity petition.
MoreTrial court erred in terminating parenting time
October 2, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the termination of a father's parenting time with his teenage daughters, finding
the trial court erred because the decision wasn't supported by the record or statute.
MoreCourt: Association has no standing to sue
September 29, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a landowners association lacked standing to sue over the rezoning of property despite
the argument that its claim survives under the "public standing doctrine."
MoreCOA: findings don't support attorney fees
September 28, 2009
Jennifer NelsonThe Indiana Court of Appeals remanded a case today involving attorney fees - the appellate court questioned whether the Indiana
High School Athletic Association was trying to dissuade appeals by athletes - because the findings of the case currently don't
support the judgment.
MoreJudges disagree as to athlete's eligibility
September 24, 2009
Jennifer NelsonOne Indiana Court of Appeals judge believed his colleagues strayed from the evidence of recruitment and instead focused the
family's financial plight when they decided the high school athlete didn't transfer schools primarily for athletic
reasons.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.