Indiana Court of Appeals

Trucker’s widow entitled to prejudgment interest, COA decides

December 31, 2015
Dave Stafford
The widow of a truck driver killed in an accident is entitled to collect more than $622,000 in prejudgment interest on a $6 million verdict, but is otherwise barred from an award of attorney fees, the Indiana Court of Appeals ruled on rehearing Thursday.
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COA affirms judgment for law firm on malpractice claim

December 31, 2015
Dave Stafford
A law firm was properly granted summary judgment on a malpractice counter-complaint a bankruptcy client filed after the firm sued for nonpayment of legal fees.
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COA re-enters molestation conviction, rejects evidence challenge

December 31, 2015
Dave Stafford
A trial court erred in vacating one of two convictions of Class A felony child molesting at a Dearborn County man’s sentencing, the Court of Appeals ruled Thursday. The panel also rejected the offender’s claim evidence should not have been admitted.
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Majority: Expungement applies to civil forfeiture action

December 31, 2015
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals was divided Thursday over whether a man’s civil forfeiture action that stemmed from a drug bust should have been expunged in addition to his criminal record in the matter.
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COA: Doctor had duty to nurse practitioner’s patient who died

December 31, 2015
Jennifer Nelson
An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.
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Court sua sponte reverses 5 convictions

December 30, 2015
Jennifer Nelson
Although a man convicted in a brutal attack on his grandmother lost his arguments on appeal, the Indiana Court of Appeals sua sponte reversed five of his six convictions stemming from the attack for double jeopardy reasons.
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COA: Termination hearing did not comply with Open Door Law

December 30, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a southern Indiana school board after finding its holding of a public meeting at 2:30 a.m. regarding the employment of a teacher violated the Open Door Law.
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House party hosts face heightened liability after recent COA ruling

December 30, 2015
Dave Stafford
Just in time for holiday revelry and New Year’s Eve celebrations, an Indiana appeals court ruled hosts of house parties may be held liable for the well-being of guests who drink too much.
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Indiana’s alcohol laws withstand court challenges

December 30, 2015
Marilyn Odendahl
Recent rulings from state and federal courts underscore that while Indiana’s alcohol laws may be silly, quirky and arcane, they are not so easily changed.
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Split COA finds attorney did not provide adequate counsel

December 29, 2015
Marilyn Odendahl
Two typewritten letters and handwritten notes between a now-deceased defense attorney and a former prosecutor have divided the Indiana Court of Appeals over whether a plea agreement had actually been negotiated.
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Court: Disputed model year may void van sale agreement

December 29, 2015
Dave Stafford
A trial court erred when it granted summary judgment in favor of the seller of a van who represented to the buyer the vehicle was a year newer than recorded on the title.
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COA on rehearing clarifies where to send payment

December 28, 2015
Dave Stafford
The Indiana Court of Appeals Monday rejected arguments that its prior decision regarding a student-loan debt owed to a bankrupt note-holder caused confusion as to who was owed and left the debtor open to the possibility of multiple judgments.
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Reversal: BMV must report driver’s expunged OWI conviction

December 28, 2015
Dave Stafford
A trial court erred in prohibiting the Bureau of Motor Vehicles from reporting the operating while intoxicated conviction of a driver who had his criminal record expunged.
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6 counties next in line for trial court e-filing

December 28, 2015
 Associated Press
Six Indiana counties — Clark, Harrison, Henry, St. Joseph, Shelby and Wells — will be joining Hamilton County in implementing e-filing in the trial courts during the first half of 2016, with more to come later.
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Justices take intoxicated motorist case that divided COA

December 24, 2015
Jennifer Nelson
The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.
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COA reaffirms reversal of molest convictions for vouching

December 23, 2015
Dave Stafford
The Indiana Court of Appeals clarified its position on rehearing Wednesday in the reversal of child molesting convictions that the state “vigorously argues” were erroneously ruled reversible error.
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Nonprofit ambulance service not entitled to ITCA protections

December 23, 2015
Jennifer Nelson
The volunteer emergency ambulance service provider in Sharpsville is not entitled to the protections of the Indiana Tort Claims Act, the Indiana Court of Appeals affirmed, because it is a private company rather than a governmental entity.
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COA affirms attorney owes ex-assistant thousands in unpaid wages

December 23, 2015
Jennifer Nelson
An Elkhart solo practitioner must pay his former legal assistant more than $85,000 after she sued him to recover unpaid wages owed to her over the course of two years, the Court of Appeals affirmed Wednesday.
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Reversal: Care facility must pay legal fees after $1M negligence verdict

December 23, 2015
Dave Stafford
An assisted-living facility where a resident died after being badly burned must pay the estate’s attorney fees, the Indiana Court of Appeals ruled Wednesday in reversing a trial court.
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South Bend man wins partial reversal of sewer nuisance suit

December 23, 2015
Dave Stafford
A man who sued South Bend claiming that noxious gas from city sewer lines had been forced into his home may proceed with part of his lawsuit against the city.
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COA upholds decision to deny Edinburgh tax deed

December 22, 2015
Jennifer Nelson
A trial court did not err when it entered an order denying the town of Edinburgh’s request for the issuance of a tax deed and granting the landowner equitable relief, the Indiana Court of Appeals held Tuesday.
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Appeals court concerned about fee-shifting provisions in domestic relations cases

December 22, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s decision to not award a mother attorney fees despite the inclusion of a fee-shifting provision in her divorce settlement. In doing so, the appeals court pointed out how these provisions may go against public policy.
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COA: Breath test properly admitted

December 21, 2015
Jennifer Nelson
A man convicted of drunken-driving failed to convince the Indiana Court of Appeals that the state did not prove that the chemicals used in his breath test equipment were certified under Indiana administrative rules.
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Judge believes restitution order properly entered

December 21, 2015
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.
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Monarch Beverage again fails in liquor distribution suit

December 17, 2015
Marilyn Odendahl
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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