Court opinions
COA disagrees on damages to bidder
August 12, 2009
Jennifer NelsonIndiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for
work at a state-run hospital based on fraudulent information from another bidder.
MoreJudges: amendment not retroactive
August 11, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals ruled today that an estate's interpretation of a 2003 amendment to Indiana Code would
threaten the fiscal health of governmental entities and that the amendment isn't retroactive.
MoreJudge argues ruling puts form over substance
August 10, 2009
Jennifer NelsonThe chief judge of the Indiana Court of Appeals dissented from his colleagues in an insurance dispute because he believes
the decision leads to "an inequitable result."
MoreCourt upholds out-of-state juvenile placement
August 10, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over
the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to
place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to
out-of-state facilities from DCS to the counties.
MoreCounty must pay for parent's appointed attorney
August 7, 2009
Jennifer NelsonNoting a paradigm shift in parental rights termination cases due to House Enrolled Act 1001, one Indiana Court of Appeals
judge believed the Department of Child Services instead of the counties should be responsible for the costs of appointed counsel
in these types of proceedings.
MoreCOA: physical condition, injury equal one injury
August 6, 2009
Michael HoskinsThe Indiana Court of Appeals isn't convinced it needs to address the issue of pre-existing, non-work related physical
conditions as it relates to a pizzeria cook's worker compensation case.
MoreCouple should be allowed truck title
August 5, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed summary judgment in favor of a couple in a vehicle title dispute, ruling the pair should
be allowed to take the title free of an auto auction's security interest in the truck.
MoreInsurer must provide underinsured coverage
August 4, 2009
Jennifer NelsonAn insurance policy that doesn't provide uninsured or underinsured motorist coverage to all insureds is contrary to public
policy based on Indiana statute, affirmed the Indiana Court of Appeals.
MoreCOA: Trial delays not defendant's fault
August 4, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a motion for discharge pursuant to Criminal Rule 4(C) because the court
incorrectly attributed delays to the defendant.
MorePolice officer not entitled to qualified immunity
August 3, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed a police officer isn't entitled to qualified immunity in a suit claiming excessive
force because the officer didn't have a reason to point a submachine gun at the plaintiffs during the execution of a search
warrant.
MoreCOA reverses one dismissal of inmate's suit
August 3, 2009
Jennifer NelsonThe New Castle inmate with a history of filing frivolous lawsuits got a minor victory in the Indiana Court of Appeals today.
The judges reinstated his complaint against the only person who presided over the inmate's disciplinary hearing for a
Department of Correction rule violation for filing a frivolous claim.
MoreCourt: Murderer not eligible for parole
July 31, 2009
Jennifer NelsonThe Indiana Supreme Court ruled that a man serving two life sentences for his 1975 murder convictions isn't eligible to
seek parole under the laws in effect at the time the murders took place, but could seek clemency though the Indiana Parole
Board.
MoreDistrict Court erred in drug sentence
July 31, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals vacated a man's sentence for conspiracy to distribute methamphetamine because the District
Court failed to figure out the quantity of the drug reasonably attributable to the defendant.
MoreCOA: University should get summary judgment
July 30, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled in favor of the trustees of Indiana University, finding the trial court erred when it denied
summary judgment for the school and concluded a provision in an agreement between the school and a fired professor was ambiguous.
MoreCourt failed to include all assets in marital pot
July 29, 2009
Jennifer NelsonFor the second time in the same case, the Indiana Court of Appeals reversed a trial court's division of assets in a marital
dissolution because the trial court excluded from the marital pot the property the parties brought into marriage.
MoreCourt: Suit doesn't belong in federal court
July 28, 2009
Jennifer NelsonIn a ruling that could impact pending litigation involving Indiana Protection and Advocacy Services, the 7th Circuit
Court of Appeals decided the agency doesn't have standing to bring suits in federal court.
MoreJudge awards $42 million in back pay suit
July 28, 2009
Michael HoskinsA Marion Superior judge is awarding more than $42.4 million to a class of thousands of former state employees who sued to
recover back pay for unequal wages earned between 1973 and 1993.
MoreApartment creates issue of first impression
July 27, 2009
Jennifer NelsonIn an issue of first impression, the Indiana Tax Court decided housing owned by a non-profit that receives governmental subsidies
to rent to low- and moderate-income people at below-market rates is not property used for a charitable purpose.
MoreCOA rules on coal bed gas dispute
July 24, 2009
Jennifer NelsonIn settling a dispute between two Illinois companies regarding who has the legal right to recover coal bed methane gas, the
Indiana Court of Appeals made its decision based on public safety and ruled in favor of the company assigned the coal bed
gas lease.
MoreCOA splits in application of statute in med-mal suit
July 23, 2009
Jennifer NelsonThe issue of whether the Journey's Account Statute applied to a woman's medical malpractice claim filed after the
statute of limitations expired caused a split of an Indiana Court of Appeals panel.
MoreCourt rules on suspended sentence issue
July 23, 2009
Jennifer NelsonA panel of Indiana Court of Appeals judges ruled on an issue that has generated a split of opinion among them: whether a fully
executed sentence is equivalent to a sentence of equal length but partially suspended to probation for purposes of review
under Appellate Rule 7(B).
MoreCOA declines ruling on constitutionality of plan
July 22, 2009
Jennifer NelsonThe Indiana Court of Appeals declined to address the constitutionality of a Department of Correction program for sex offenders
based on the deficient record before it and because the appellate court could decide the case without ruling on the constitutionality
of the program.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!