Civil case

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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COA rules on negligence claims in library case

February 6, 2009
Jennifer Nelson
he Indiana Court of Appeals affirmed summary judgment today in favor of engineering and construction companies in a lawsuit filed by a central Indiana library, finding the economic-loss doctrine bars the library's negligence claims against the companies.
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Letter not covered by attorney-client privilege

February 4, 2009
Jennifer Nelson
A Southern District magistrate judge has decided a letter between the city of Madison's mayor and city attorney isn't protected by attorney-client privilege in a civil action seeking damages over strip searches of three women.
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Man's claims against officers can proceed

February 3, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals reversed summary judgment in favor of police officers in a man's civil suit, finding the man may have Fourth and Fifth Amendment claims against them.
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Court rules on agency record appeals

January 30, 2009
Jennifer Nelson
In two separate opinions, the Indiana Court of Appeals tackled the issue of timely and complete filing of an agency record.
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Opinion invites high court to reconsider decision

January 29, 2009
Jennifer Nelson
The Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound by the high court's previous ruling.
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COA clarifies unemployment benefits issue

January 29, 2009
Jennifer Nelson
The Indiana Court of Appeals used a case before it as an opportunity to clarify how an employee's eligibility for unemployment benefits should be determined when the employee is discharged for attendance issues.
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Some Lake civil cases go to random filing

January 28, 2009
Michael Hoskins
Attorneys opening new civil cases in Lake County should note that a new random filing system is being put in place, a plan described as the most extensive use of this in the county's history.
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COA: Wife is liable for mortgages

January 27, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
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High court rules on landlord-tenant dispute

January 22, 2009
Michael Hoskins
Landlords must refund a security deposit and can't get money back for property damage if they don't adequately or timely notify tenants about those claims, but landlords can still recover unpaid rent and other losses, the Indiana Supreme Court ruled today.
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Summary judgment affirmed for dairy farm

January 12, 2009
Jennifer Nelson
The Court of Appeals affirmed summary judgment in favor of a confined feeding operation in a dispute between the dairy farm and its neighbor over a tract of land and the impact of the farm on the neighbor's property.
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Court erred in dismissing claim with prejudice

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.
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Parties can't pick certain provisions to enforce

December 29, 2008
Jennifer Nelson
The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
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Court rules on tort claims and wrongful death

December 29, 2008
Jennifer Nelson
The Indiana Supreme Court tackled the issue of the interaction of the statute of limitations provision under the state's Wrongful Death Act and the statute of limitations provision for an underlying substantive tort claim in two opinions released Dec. 24.
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Prisoner litigant's case deemed frivolous

December 24, 2008
Michael Hoskins
One of Indiana's most well-known pro se prisoner litigants continues to be a subject for the state's appellate courts.
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Justices issue robo-call decision

December 23, 2008
Michael Hoskins
The Indiana Supreme Court says the state's two-decade old law on pre-recorded, autodialed calls isn't limited to those placed to consumers with commercial messages. But justices stopped short of deciding how the law applies to political messages, leaving that question for another day.
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Court remands to recalculate attorneys' fees

December 19, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord, but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the amount was insufficient.
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No summary judgment in mailbox case

December 16, 2008
Jennifer Nelson
The owners of a mailbox struck by a woman's car that left the road inexplicably aren't entitled to summary judgment on the woman's negligence claim, the Indiana Court of Appeals affirmed today.
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Tax sale petitions OK because of lack of notice

December 15, 2008
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of a woman in two separate cases involving the purchase of her property at tax sales in Franklin County after determining she received insufficient notice of the sales.
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Judges disagree on trust jurisdiction issue

December 11, 2008
Jennifer Nelson
In a matter of first impression, Indiana Court of Appeals judges disagreed whether an Indiana probate court had subject matter and personal jurisdiction over a trust based in Virginia.
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7th Circuit: Woman has claim for relief

December 9, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals disagreed today with a District Court's dismissal of a woman's complaint against the federal government, finding she had stated a claim for relief following her dismissal from her job as a result of a Federal Protective Service investigation.
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Court tackles 2 first-impression issues

December 9, 2008
Jennifer Nelson
The Indiana Supreme Court ruled on a case today in which there were two issues of first impression, finding consolidation of a trial with a preliminary injunction hearing without notice isn't a reversible error unless a showing of prejudice can be made.
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Law doesn't contain presumption on negligence

December 2, 2008
Jennifer Nelson
The Indiana Court of Appeals found a trial court committed a reversible error when it instructed a jury that Indiana law has a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent. The ruling came in a suit against a school for the death of a student.
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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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