Civil case
Court remands to recalculate attorneys' fees
December 19, 2008
Jennifer NelsonThe 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.
MoreNo summary judgment in mailbox case
December 16, 2008
Jennifer NelsonThe 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.
MoreTax sale petitions OK because of lack of notice
December 15, 2008
Jennifer NelsonThe 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.
MoreJudges disagree on trust jurisdiction issue
December 11, 2008
Jennifer NelsonIn 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.
More7th Circuit: Woman has claim for relief
December 9, 2008
Jennifer NelsonThe 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.
MoreCourt tackles 2 first-impression issues
December 9, 2008
Jennifer NelsonThe 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.
MoreLaw doesn't contain presumption on negligence
December 2, 2008
Jennifer NelsonThe 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.
MoreRiverboat not covered by Jones Act
November 25, 2008
Jennifer NelsonA casino riverboat that is indefinitely moored to the shore isn't considered a vessel in navigation under the federal
Jones Act, so a riverboat worker can't bring a claim for compensation of injuries under the act, the Indiana Court of
Appeals ruled today.
MoreCOA: Expenses apply under penalty period
November 25, 2008
Jennifer NelsonThe Indiana Court of Appeals ruled in favor of a woman who wanted her out-of-pocket payments to a nursing facility allowed
as a spend-down expense, finding the Indiana Family and Social Services Administration's denial of her request would penalize
her twice.
MoreCourt reverses joint tenancy interest ruling
November 17, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed a finding that a mother and her daughter and son-in-law each held a one-half joint tenancy
in a property, finding the parties actually held one-third undivided interest as joint tenants.
MoreCOA rules on 'In God We Trust' plate suit
November 17, 2008
Jennifer NelsonNot charging an administrative fee for Indiana's "In Got We Trust" license plates doesn't violate the state
constitution, affirmed the Indiana Court of Appeals today in an unpublished decision.
MoreCOA voids Terre Haute's 2007 mayoral election
November 13, 2008
Michael HoskinsThe man elected Terre Haute's mayor was ineligible because of federal law to become a candidate or assume office, the
Indiana Court of Appeals ruled today on an issue of first impression. As a result, a special election is needed to fill the
vacancy.
MoreDad not in contempt for failure to pay full support
October 29, 2008
Jennifer NelsonThe Indiana Court of Appeals agreed a man was not in contempt for failing to pay child support ordered by a Florida court
even though the Indiana trial court enforced his obligation for less than the amount ordered in Florida.
MoreCourt finds fax to be a contract
October 24, 2008
Jennifer NelsonThe Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana
Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.
More1st pro bono appeals program case gets transfer
October 17, 2008
Jennifer NelsonThe Indiana Supreme Court granted has granted transfer to two cases, including the first case from the Indiana State Bar Association's
pro bono appellate program.
MoreCOA opts for judicial restraint
October 16, 2008
Michael HoskinsThe Indiana Court of Appeals has opted for judicial restraint in not deciding whether state statutes involving the Commerce
Clause and the use of clean coal technology are unconstitutional.
MoreForfeiture of money to FBI allowed
October 1, 2008
Jennifer NelsonA man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the
FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt
to inform the man of the seized money.
MoreCourt: Evidence shows car was a gift
September 18, 2008
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals agreed with the trial court that a husband gave his wife a car
as a gift, despite registering the title in both his name and his wife's name.
MoreOwners responsible for delinquent sewer fees
September 17, 2008
Jennifer NelsonIn a ruling that will affect property owners across the state, the Indiana Supreme Court today held property owners are ultimately
responsible for the delinquent sewer bills of their tenants.
MoreAdult son could file paternity, support petition
August 21, 2008
Jennifer NelsonA retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court
of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive
payments.
More7th Circuit affirms, reverses wine ruling
August 8, 2008
Michael HoskinsThe 7th Circuit Court of Appeals has recognized Indiana's interest in keeping wine out of minors' hands, ruling that Hoosiers
who want to order alcohol online or by phone will have to first make face-to-face contact at a winery to verify their age
before being allowed to make the purchase.
More7th Circuit rules on FMLA case
July 14, 2008
Michael HoskinsThe 7th Circuit Court of Appeals has reversed a medical-leave decision from an Indianapolis judge who's since joined that
appellate bench.
MoreWorker's comp claim bars med mal complaint
June 18, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a hospital's motion to dismiss a medical malpractice complaint because
the claimant, who was employed by the hospital and on duty at the time of the injury, could only file a complaint against
the employer under the Worker's Compensation Act.
More7th Circuit affirms in questionable merger case
May 1, 2008
Jennifer NelsonThe judges of the 7th Circuit Court of Appeals took a plaintiff to task for filing a frivolous appeal and evading regulations
of the Securities Act of 1933.
More7th Circuit affirms arbitration award
January 22, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed a District Court's confirmation of an arbitration award, but it denied the plaintiff
recovery of attorney fees and costs because he will be reimbursed those under the terms of the arbitration agreement.
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Court Calendar
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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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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
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.