Civil case

Court affirms judgment in school district's favor

April 15, 2009
Jennifer Nelson
The 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.
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Court reverses interstate surrogate adoption

April 9, 2009
Jennifer Nelson
The 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.
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Appeals court rules on payday-loan interest

April 9, 2009
Jennifer Nelson
Even 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.
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Judges disagree on estoppel claim

April 8, 2009
Jennifer NelsonMore

High court rules on recovery issue

April 7, 2009
Jennifer Nelson
Under 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.
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Attorney didn't commit conversion, malpractice

April 3, 2009
Jennifer Nelson
The 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.
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Temporary and lessee worker same under act

March 25, 2009
Jennifer Nelson
In 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.
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Casino wins compulsive gambling appeal

March 20, 2009
Michael Hoskins
Casinos 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.
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Judges split in termination ruling

March 20, 2009
Jennifer Nelson
In 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.
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Moving chattel for suit doesn't establish venue

March 19, 2009
Jennifer Nelson
In 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).
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eBay suit presents issue of first impression

March 13, 2009
Jennifer Nelson
In 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.
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Court: Don't assume undue influence by child

March 11, 2009
Jennifer Nelson
The 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.
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High court: land seller not liable in death

March 10, 2009
Jennifer Nelson
Addressing 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.
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COA upholds denial of motion for class action

March 9, 2009
Jennifer Nelson
The 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.
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Panel disagrees in admitting expert testimony

March 5, 2009
Jennifer Nelson
The 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.
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High court reverses $2.3 million jury award

March 4, 2009
Jennifer NelsonMore

COA: Bank didn't breach duties as trustee

March 2, 2009
Jennifer Nelson
Although 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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Magistrate: Uniroyal not liable for cleanup costs

February 27, 2009
Michael Hoskins
As a federal magistrate judge puts it, "All good things must come to an end."
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Bank wrongfully refused to pay cashier's check

February 20, 2009
Jennifer Nelson
In an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.
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Court: grandparent visitation survives adoption

February 19, 2009
Michael Hoskins
State statute clearly allows grandparent visitation to survive a child's adoption by another biological grandparent, the Indiana Court of Appeals has ruled.
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County, court don't have to give back pay

February 17, 2009
Jennifer Nelson
A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.
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Outside accounting ordered in LLC dissolution

February 16, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a judgment in favor of one of the owners of a dissolved LLC, finding the trial court erred when it entered judgment against the other owner personally without ordering an outside accounting of the company's finances.
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Opinion examines history of Fireman's Rule

February 13, 2009
Jennifer Nelson
After delving into the history of caselaw involving Indiana's Fireman's Rule, the Indiana Court of Appeals determined a couple's complaint against an Indianapolis strip club is barred by the rule.
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Order that law firm pay attorney fees reversed

February 12, 2009
Jennifer Mehalik
The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.
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Judges disagree on if remand is necessary

February 11, 2009
Jennifer Mehalik
The Indiana Court of Appeals reversed and remanded a trial court's grant of an ex-wife's petition for additional relief for funds, finding the trial court didn't hear evidence on certain "critical" factors. The judges on appeal didn't agree as to whether the case should be remanded.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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