Civil case

7th Circuit upholds denial of class action, statutory damages

August 16, 2011
Jennifer Nelson
In an appeal of the denial of a proposed class-action lawsuit based on the finding the attorney was inadequate to represent the class, the 7th Circuit Court of Appeals noted that the attorney’s demeanor on appeal didn’t help his cause.
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11th Circuit strikes portion of health-care reform law

August 15, 2011
IL Staff
The 11th Circuit Court of Appeals in Atlanta ruled on a challenge to the federal health-care law filed by numerous states, including Indiana, and found the federal mandate that individuals have to purchase health insurance or face a penalty to be unconstitutional.
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COA: Names in workforce development cases aren't confidential

August 12, 2011
Michael Hoskins
From now on, the Indiana Court of Appeals will publish full names of parties on workforce development review board cases after determining state statute doesn’t require those to be kept confidential in public court records.
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Judge: Students’ off-campus Internet photos protected by First Amendment

August 11, 2011
Michael Hoskins
A federal judge has ruled that a northern Indiana school district shouldn’t have disciplined two high school girls who posted racy online photos of themselves posing with phallic lollipops and simulating sexual acts because the pictures were outside of school and are protected by the First Amendment.
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Appeals court affirms sending employee appeal back to agency

August 11, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a fired Department of Correction employee’s petition for judicial review, finding that it was clear on the record that an administrative agency’s action was without evidentiary foundation. The appellate court noted the difficulty the judge had in conducting the judicial review due to deficiencies in recording testimony.
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Justices reverse ruling against hospital on spoliation claim

August 10, 2011
Jennifer Nelson
Relying on workers’ compensation cases involving first- and third-party spoliation claims, the Indiana Supreme Court has declined to recognize similar claims regarding medical malpractice suits.
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Judges split over order property owner pay for construction of drainage-ditch arm

August 10, 2011
Jennifer Nelson
The Indiana Court of Appeals was divided in its ruling on whether a man whose land sits higher and isn’t prone to flooding should have to pay for the reconstruction of an arm of a nearby drainage ditch. The dissenting judge wrote that Wednesday’s decision will promote “water wars” between neighbors.
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COA allows for admission of vehicle photo in personal injury action

August 10, 2011
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time the issue of whether a photograph admitted at trial showing little damage to a truck involved in an accident is inadmissible on the grounds that it’s irrelevant to any determination of bodily injury.
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Judges won’t revisit associational standing issue on same case

August 9, 2011
Michael Hoskins
Finding it had already ruled on an associational standing question six years ago in the same case, the Indiana Court of Appeals has denied an electric utility's attempt to re-litigate that issue based on the law-of-the-case doctrine.
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COA: Suit against sewer district isn’t a public lawsuit

August 9, 2011
Jennifer Nelson
The Spencer Circuit Court erred in finding a lawsuit filed by property owners challenging the requirement they connect to a new sewer system is a public lawsuit and the property owners must pay $9 million in bond to proceed with the suit, the Indiana Court of Appeals ruled Tuesday.
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Court rules on duty of care for healthy trees in residential areas

August 9, 2011
Michael Hoskins
The Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property based on the size and where they are planted.
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Judges reverse ruling mechanic's lien has priority over mortgages

August 5, 2011
Jennifer Nelson
The Indiana Court of Appeals ruled there was no reason for a trial judge to disregard the state’s priority statutes regarding liens and mortgages and find that a construction company’s mechanic’s lien has priority over previously recorded mortgages.
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COA applies sports injury conduct rule

August 4, 2011
Michael Hoskins
Less than three months after the Indiana Supreme Court issued a decision about sports injury cases, the state’s intermediate appellate court is now applying the new rule regarding how liability should be determined.
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Judges order hearing on unemployment benefits

August 4, 2011
Jennifer Nelson
A man, whose request for a continuance in a hearing regarding his unemployment benefits was denied by an administrative law judge, is entitled to a hearing on the matter, the Indiana Court of Appeals ruled Thursday.
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Man entitled to damages following excavation of home without notice

July 29, 2011
Jennifer Nelson
In reviewing a case in which an attorney appointed guardian of an adult male unilaterally decided to tear down his home without providing notice to the man, the Indiana Court of Appeals found the attorney violated the man’s due process rights and damages were necessary.
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Hospital doesn't owe attorney any contingency fees

July 27, 2011
Jennifer Nelson
A Kokomo attorney is not entitled to collect his contingency fees from a hospital in his representation of a patient caught in an insurance dispute, the Indiana Court of Appeals has held.
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No summary judgment on issue of whether complaint was timely filed

July 27, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a medical malpractice action, finding there are questions around whether the plaintiff timely filed the proposed complaint.
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Judges ask family to end litigation over parents' interments

July 26, 2011
Jennifer Nelson
In a dispute among divided siblings on where their deceased parents should be buried, the Indiana Court of Appeals asked the family to end the litigation and let the parents “rest in peace.”
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Judge approves proposed settlement agreement

July 22, 2011
Jennifer Nelson
A federal judge has approved a proposed settlement agreement in a class-action lawsuit against the Indiana Family and Social Services Administration alleging that an agency policy that doesn’t allow certain Medicaid waiver enrollees to apply for services other than what’s been approved by their case manager is in violation of federal Medicaid law.
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7th Circuit finds remand to be unreviewable

July 21, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals looked at the issues of removal and remand in the context of bankruptcy in a case July 21 and found the bankruptcy court’s decision to remand a case to state court is unreviewable.
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Hail creates firestorm for State Farm

July 20, 2011
Michael Hoskins
Hailstorm damages more than property, resulting in $14.5 million defamation verdict against the insurer.
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Judges examine estate case involving will, self-proving clause

July 15, 2011
Michael Hoskins
Deciding on an issue of first impression regarding the proper execution of a person’s will, the state’s second-highest appeals court has determined the Indiana General Assembly doesn’t want validly signed wills and self-proving clauses to be set aside lightly.
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Attorneys to get big cut of $300K OmniSource settlement

July 15, 2011
Cory Schouten
An OmniSource executive says the company wouldn't have made the settlement with the Marion County prosecutor if it knew more than a third of the cash wouldn't be going to Indianapolis police for training programs.
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AG sues to recover $18,000 from LaGrange County clerk

July 13, 2011
Jennifer Nelson
Indiana Attorney General Greg Zoeller has filed a civil suit against Beverly S. Elliott, LaGrange County clerk, seeking more than $18,000 in misappropriated funds. Elliot is also facing criminal charges following an investigation by the State Board of Accounts and the Indiana State Police.
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COA sides with man accused of stealing hotdogs

July 7, 2011
Jenny Montgomery
The Indiana Court of Appeals says a man who was fired for snatching two hotdogs from the company refrigerator is entitled to unemployment benefits.
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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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