Civil case
Judges 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.
MoreCourt remands custody case for new hearing
September 24, 2009
Jennifer NelsonAlthough all three Indiana Court of Appeals judges came to conclusion that the trial court should revisit its order to grant
full custody of a child to her abusive father, the judges differed as how the trial court should have approached the matter.
MoreCourt upholds injunction in easement case
September 23, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts,
and other objects were placed along a disputed easement area to prevent people from driving along it.
MoreCOA reverses judgment for Ford in liability suit
September 21, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but
the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front
seat with airbags turned on.
MoreCOA says voter I.D. law unconstitutional
September 17, 2009
Michael HoskinsThe Indiana Court of Appeals has tossed out the state's 4-year-old voter identification law as unconstitutional, bringing
new attention to a statute that has been upheld by the nation's highest court.
MoreCourt upholds preliminary injunction
September 17, 2009
Jennifer NelsonHoosier Energy Rural Electric Cooperative has until the end of the year to find a replacement holder for its credit-default
swap or an insurance company will be able to collect on the security.
MoreCouple not negligent in baby's death
September 17, 2009
Jennifer NelsonA couple did not breach their duty to protect a baby from a dangerous condition on their property in which a 2-month-old died
after his mother smothered him while the two slept on a sofa at the couple's home.
MoreSupreme Court grants 6 transfers
September 14, 2009
Jennifer NelsonThe Indiana Supreme Court granted six transfers Sept. 11, including a case of first impression involving a suit filed by a
pathological gambler against a riverboat casino.
MoreLawyer failed to deny note execution under oath
September 11, 2009
Jennifer NelsonBecause an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial
was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court
of Appeals ruled today.
MoreCourt rules on LLC matter of first impression
September 10, 2009
Jennifer NelsonThe Indiana Court of Appeals had to decide for the first time whether a company owes a continuing fiduciary duty to a former
shareholder or member to accurately report the company's fiscal results to the IRS for a year in which the former member
held stock or was still a member of the limited liability company.
MoreLawyer entitled to $1.05 million default judgment
September 10, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a default judgment in favor of an Indiana attorney because an Illinois attorney demonstrated
"contumacious disregard" for a trial court's orders.
MoreJustices rule in favor of cup manufacturers
September 8, 2009
Jennifer NelsonThe manufacturer defendants in a suit claiming defects in their measuring cup caused the death of a 9-year-old boy are entitled
to summary judgment, the Indiana Supreme Court affirmed today.
MoreJudges differ on application of high court ruling
September 8, 2009
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint
accounts because he believed an Indiana Supreme Court decision was binding in the case.
MoreJudges question earlier Circuit holding
September 4, 2009
Jennifer NelsonA decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether
a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.
MoreCourt rules on adult-business ordinance
September 4, 2009
Jennifer NelsonSix years after the city of Indianapolis amended its adult-business ordinances, the 7th Circuit Court of Appeals has ordered
the District Court to hold an evidentiary hearing on whether the restricted hours in the new ordinance violate the businesses'
constitutional rights.
MoreCourt rules on transfer to California court
September 3, 2009
Jennifer NelsonThe Indiana Supreme Court affirmed a trial court's decision to relinquish its jurisdiction over child support matters
to a California trial court. In its opinion, the high court examined the interplay between the Full Faith and Credit for Child
Support Orders Act and the Uniform Interstate Family Support Act.
MoreJudge: Officer is entitled to qualified immunity
September 3, 2009
Jennifer NelsonA federal judge ruled in favor of a defendant police officer in a suit alleging he conducted a warrantless and unreasonable
search of a home to find a gun mentioned in a 911 call.
MoreHigh court rules on post-judgment interest
September 2, 2009
Jennifer NelsonThe Indiana Supreme Court granted transfer to a case in order to clarify precedents on post-judgment interest in dissolution
cases. The high court held that the dissolution statutes give a court the option to either assess interest or not in the course
of fashioning a just division of assets.
MoreAmended ordinance doesn't apply to travel plaza
August 31, 2009
Jennifer NelsonAn Allen Superior Court correctly ruled that a travel plaza had a vested right to develop its plans under an original zoning
ordinance, the Indiana Court of Appeals affirmed today.
MoreCOA: Business is a nuisance to homeowners
August 26, 2009
Jennifer NelsonDespite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that
deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.
MoreWorker's suicide fails chain of causation test
August 21, 2009
Jennifer NelsonA widow's request for workers' compensation benefits of her deceased husband can't be granted because his death at work was
caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain
of causation test in trying to prove an initial work-related event led to her husband's death.
MoreFax confirmation creates issue of fact
August 20, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation
generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so
the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.
MoreFemale firefighter not discriminated against
August 20, 2009
Jennifer NelsonThe Indianapolis Fire Department didn't discriminate against a short female firefighter when it ordered her to be psychologically
evaluated or perform driving tests, the 7th Circuit Court of Appeals affirmed today.
MoreJudges disagree if testimony is hypothetical
August 18, 2009
Jennifer NelsonIndiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice
case used hypothetical language that couldn't raise a genuine issue of fact.
MoreIDEM could fire employee for ethics violation
August 17, 2009
Jennifer NelsonThe state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated
a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.