Civil case
COA reverses decree award of military benefits
May 12, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a portion of a divorce decree awarding some of the husband's military benefits and
housing allowance to his wife because the separation agreement excluded granting the wife any rights to them.
MoreCOA rules on first impression lemon-law issue
May 5, 2009
Jennifer NelsonThe Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer
has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes
the problem.
MoreOral findings allowed in attorney fee case
May 4, 2009
Jennifer NelsonA Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial
Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.
MoreCourt: 2-member board could affirm ruling
May 1, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed a decision by the National Labor Relations Board that a northern Indiana steel company
must recognize a collective bargaining agreement between the union and the company.
MoreForged agreement presents question of fact
April 29, 2009
Jennifer NelsonA company that forged a former employee's non-compete contract and later sued and settled with another company over that
false document isn't entitled to summary judgment in a new suit brought by the other company after it learned the document
was forged, ruled the Indiana Court of Appeals.
MoreInsurer needs notice of claim to defend it
April 28, 2009
Jennifer NelsonAn insurer can't defend a claim of which it has no knowledge and its duty to defend doesn't begin until it receives
basic notice information to allow it to defend a claim, ruled the Indiana Supreme Court.
MoreCOA invites high court to revisit Indiana law
April 24, 2009
Jennifer NelsonIn a case involving the purchase of a home, Indiana Court of Appeals judges today disagreed as to whether the home sellers
should be granted summary judgment in a fraud suit. The judges unanimously did agree to encourage the Indiana Supreme Court
to re-evaluate a rule that protects a seller from a lawsuit, even if he lies about a property, as long as the prospective
buyer had a reasonable opportunity to inspect the property.
MoreCOA rules in negligent application process case
April 21, 2009
Jennifer NelsonAddressing an issue today for the first time in state courts, the Indiana Court of Appeals had to determine whether a couple
could sue their insurance broker for alleged negligence during the application process.
MoreCourt affirms judgment in school district's favor
April 15, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed summary judgment in favor of Indianapolis Public Schools in a copyright infringement
case, but first had to decide whether it could proceed on the merits.
MoreCourt reverses interstate surrogate adoption
April 9, 2009
Jennifer NelsonThe Indiana Supreme Court reversed an adoption order granted to a New Jersey man of twin girls born by a surrogate in Indianapolis,
ruling the Indiana trial court failed to comply with the Interstate Compact on the Placement of Children.
MoreAppeals court rules on payday-loan interest
April 9, 2009
Jennifer NelsonEven though the Indiana Court of Appeals concluded a business that provides cash advances waived its claim of right to recover
for breach of contract, the judges still considered whether the company could recover a payment with more than 300 percent
interest tacked on to it.
MoreHigh court rules on recovery issue
April 7, 2009
Jennifer NelsonUnder the statute governing the wrongful death of an unmarried adult with no dependents, the amount recoverable for reasonable
medical and hospital expenses necessitated by the alleged wrongful conduct is the total amount ultimately accepted after contractual
arrangements with an insurer, Medicare, or Medicaid, and not the total of the charges billed, the Indiana Supreme Court ruled
today.
MoreAttorney didn't commit conversion, malpractice
April 3, 2009
Jennifer NelsonThe Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County
against an Illinois attorney following the settlement of a wrongful death claim in Illinois.
MoreTemporary and lessee worker same under act
March 25, 2009
Jennifer NelsonIn what appears to be the first time the Indiana Court of Appeals has been presented with a joint employer argument in the
context of Indiana Code Section 22-3-6-1(a), the Worker's Compensation Act, the appellate court determined that "temporary
employee" and "leased employee" are not mutually exclusive terms and are interchangeable.
MoreCasino wins compulsive gambling appeal
March 20, 2009
Michael HoskinsCasinos don't have a common law duty to protect compulsive gamblers from themselves, and aren't required to refrain
from trying to entice those people into their establishments, the Indiana Court of Appeals ruled today in a matter of first
impression.
MoreJudges split in termination ruling
March 20, 2009
Jennifer NelsonIn an opinion involving whether a worker was fired for just cause after multiple excused absences, the majority acknowledged
the split in the Indiana Court of Appeals regarding the reasonableness of "no-fault" attendance policies.
MoreMoving chattel for suit doesn't establish venue
March 19, 2009
Jennifer NelsonIn its opinion today regarding a breach of warranty case, the Indiana Court of Appeals had to define for the first time what
"regularly located or kept" meant for purposes of Indiana Trial Rule 75(A)(2).
MoreeBay suit presents issue of first impression
March 13, 2009
Jennifer NelsonIn an issue of first impression in Indiana - and possibly in the United States - the Indiana Court of Appeals addressed specific
jurisdiction questions in a suit filed by sellers on the online auction site, eBay.
MoreCourt: Don't assume undue influence by child
March 11, 2009
Jennifer NelsonThe Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence
over a parent when analyzing cases involving adult children assisting an aging parent.
MoreHigh court: land seller not liable in death
March 10, 2009
Jennifer NelsonAddressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor
of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.
MoreCOA upholds denial of motion for class action
March 9, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a motion for a class-action suit because a claimant seeking redress pursuant
the Wage Claims Act has to first submit the claim to the Department of Labor before filing a lawsuit and can't bypass
the statute if another member of the putative class has already submitted a claim.
MorePanel disagrees in admitting expert testimony
March 5, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled today that a trial court didn't err in allowing into evidence an injured woman's
testimony about medical tests and the cause of her pain.
MoreCOA: Bank didn't breach duties as trustee
March 2, 2009
Jennifer NelsonAlthough tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank
that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the
bank acted in good faith.
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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!