Court opinions

Court rules on LLC matter of first impression

September 10, 2009
Jennifer Nelson
The Indiana Court of Appeals had to decide for the first time whether a company owes a continuing fiduciary duty to a former shareholder or member to accurately report the company's fiscal results to the IRS for a year in which the former member held stock or was still a member of the limited liability company.
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Lawyer entitled to $1.05 million default judgment

September 10, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a default judgment in favor of an Indiana attorney because an Illinois attorney demonstrated "contumacious disregard" for a trial court's orders.
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Court split on ineffective trial counsel

September 9, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed that an attorney was ineffective because the majority found the attorney told her client he "should" win the case whereas one judge pointed out in the record the attorney admitted to telling the client he "would" win.
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Consent not defense in battery case

September 9, 2009
Jennifer Nelson
Because consent is not a defense to battery when a deadly weapon is used, the Indiana Court of Appeals affirmed a man's convictions of felony and misdemeanor battery on his girlfriend after branding her with a hot knife and hitting her with a cord.
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Adoption statute allows for subsequent consents

September 8, 2009
Jennifer NelsonMore

Justices rule in favor of cup manufacturers

September 8, 2009
Jennifer Nelson
The manufacturer defendants in a suit claiming defects in their measuring cup caused the death of a 9-year-old boy are entitled to summary judgment, the Indiana Supreme Court affirmed today.
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Judges differ on application of high court ruling

September 8, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint accounts because he believed an Indiana Supreme Court decision was binding in the case.
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Judges question earlier Circuit holding

September 4, 2009
Jennifer Nelson
A decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.
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Court rules on adult-business ordinance

September 4, 2009
Jennifer Nelson
Six years after the city of Indianapolis amended its adult-business ordinances, the 7th Circuit Court of Appeals has ordered the District Court to hold an evidentiary hearing on whether the restricted hours in the new ordinance violate the businesses' constitutional rights.
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Court rules on transfer to California court

September 3, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed a trial court's decision to relinquish its jurisdiction over child support matters to a California trial court. In its opinion, the high court examined the interplay between the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act.
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Judge: Officer is entitled to qualified immunity

September 3, 2009
Jennifer Nelson
A federal judge ruled in favor of a defendant police officer in a suit alleging he conducted a warrantless and unreasonable search of a home to find a gun mentioned in a 911 call.
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First impression in jury rule issue

September 2, 2009
Jennifer Nelson
The participation of alternate jurors in discussions of evidence during recesses from trial, as allowed under Indiana Jury Rule 20(a)(8), doesn't violate Indiana statute that prevents alternates from participating in deliberations. The Indiana Court of Appeals ruled on the matter for the first time today.
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High court rules on post-judgment interest

September 2, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in order to clarify precedents on post-judgment interest in dissolution cases. The high court held that the dissolution statutes give a court the option to either assess interest or not in the course of fashioning a just division of assets.
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Court erred in denying court-appointed counsel

September 2, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a man's convictions because the trial court failed to adequately ascertain whether he was indigent for purposes of court-appointed counsel.
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Amendment doesn't affect sentence

September 1, 2009
Jennifer Nelson
Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.
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Judges disagree on search validity

August 31, 2009
Jennifer Nelson
On remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because she believes the search of the vehicle was unreasonable in light of the recent ruling.
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Amended ordinance doesn't apply to travel plaza

August 31, 2009
Jennifer Nelson
An Allen Superior Court correctly ruled that a travel plaza had a vested right to develop its plans under an original zoning ordinance, the Indiana Court of Appeals affirmed today.
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Judges disagree on remand instructions

August 28, 2009
Jennifer Nelson
Indiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't have been denied by the trial court, but they disagreed as to what should happen on remand.
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Instant offense considered 'unrelated' per statute

August 28, 2009
Jennifer Nelson
The trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.
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COA: Business is a nuisance to homeowners

August 26, 2009
Jennifer Nelson
Despite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.
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Justices: Appeal not available after guilty plea

August 25, 2009
Jennifer Nelson
A majority of Indiana Supreme Court justices agreed a man who pleaded guilty couldn't appeal the denial of his pre-trial motion to suppress. Yet one justice believed the plea agreement should have been honored according to its terms, which included reserving the right to object to the denial of the motion to suppress.
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Hearing didn't consider all statutory factors

August 25, 2009
Jennifer Nelson
In a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).
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Worker's suicide fails chain of causation test

August 21, 2009
Jennifer Nelson
A widow's request for workers' compensation benefits of her deceased husband can't be granted because his death at work was caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain of causation test in trying to prove an initial work-related event led to her husband's death.
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Fax confirmation creates issue of fact

August 20, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.
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Female firefighter not discriminated against

August 20, 2009
Jennifer Nelson
The Indianapolis Fire Department didn't discriminate against a short female firefighter when it ordered her to be psychologically evaluated or perform driving tests, the 7th Circuit Court of Appeals affirmed today.
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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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