Indiana Court of Appeals

Court orders more proceedings on laborer’s pay

April 18, 2013
Jennifer Nelson
The Boone Superior Court will need to take another look at a man’s lawsuit against R.L. Turner Corporation that claimed he was underpaid by the company for labor he provided on two public works projects, the Indiana Court of Appeals ruled Thursday.
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COA reduces $125k judgment against company to $200 in fines

April 18, 2013
Jennifer Nelson
Finding that a liability administrative law judge erred in determining that a company that previously operated a call center in Fishers owed more than $125,000 in unemployment insurance contributions, interest and penalties for a year when the company had no Indiana employees, the Indiana Court of Appeals reversed.
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Judges affirm restitution order, sentence following deadly crash

April 15, 2013
Jennifer Nelson
A man who was speeding and under the influence of alcohol when his car struck another, killing the driver and severely injuring the passenger, will have to make restitution to the victims, the Indiana Court of Appeals ruled.
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Court reverses hotel’s cybersquatting conviction

April 15, 2013
Jennifer Nelson
A dispute over who could use the designation “Visit Michigan City LaPorte” led to a legal battle between LaPorte County’s visitors bureau and an area hotel-resort, with the trial court ruling in favor of the visitors bureau. But the Indiana Court of Appeals reversed Monday, ruling the bureau didn’t prove it held a valid and protectable trademark.
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Police Merit Commission may discipline former assistant chief

April 12, 2013
Jennifer Nelson
A former assistant police chief of the City of Greenwood who was demoted to lieutenant may be disciplined by the city’s Police Merit Commission, the Indiana Court of Appeals ruled Friday. The officer argued that based on ordinances and codes, only the mayor could discipline police chiefs or assistant chiefs.
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Contractor wins on appeal of $14.5M damages award for defamation

April 11, 2013
Jennifer Nelson
State Farm Fire & Casualty Co. is on the hook for $14.5 million in damages after a contractor prevailed on his defamation claim against the insurer. The award is one of the largest defamation damages in the country, according to the court.
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State Farm must pay contractor $14.5M for defamation

April 11, 2013
IL Staff
The Indiana Court of Appeals has affirmed a $14.5 million award of damages against State Farm Fire & Casualty Co. after finding the insurer couldn’t prove its three arguments on appeal to reverse. The award is one of the largest defamation awards in U.S. history, according to the court.
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Electric cooperative owed no duty to injured contractor

April 10, 2013
Jennifer Nelson
An independent contractor injured at a generating station owned by Bloomington-based Hoosier Energy Rural Electric Cooperative was unable to prove to the Indiana Court of Appeals that the electric cooperative was negligent regarding his injury.
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COA affirms father’s convictions stemming from daughter’s injuries

April 10, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.
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COA rules trial court cannot exceed scope of plea agreement

April 9, 2013
Marilyn Odendahl
A man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention of restitution, he will not have to pay.
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Disfigurement sufficient to affirm aggravated battery conviction

April 9, 2013
Dave Stafford
The Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence enhancement the perpetrator received.
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Malpractice ruling for hospital remanded to trial court

April 9, 2013
Dave Stafford
The apparent agency of Ball Memorial Health Clinic as it pertains to the alleged malpractice of an affiliated doctor and nurse practitioner is a fact question the Indiana Court of Appeals sent back to the trial court, which had granted the hospital summary judgment on the issue.
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Mexican restaurant owner's $3 million bond reversed, remanded

April 8, 2013
Dave Stafford
The owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.
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Taking unauthorized courses online gets displaced worker booted from TAA program

April 8, 2013
Marilyn Odendahl
A displaced worker’s enrollment in online classes without permission is grounds for dismissal from the Trade Adjustment Assistance training program, the Indiana Court of Appeals has ruled.
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Appeals court rehearing affirms serious violent felon conviction

April 8, 2013
Dave Stafford
An Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana Court of Appeals held Monday.
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Endorsement clause makes insurance policy ambiguous

April 8, 2013
Marilyn Odendahl
Describing an insurance company’s policy as “inherently ambiguous,” the Indiana Court of Appeals has reserved the summary judgment granted by the trial court.
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COA affirms car forfeiture when owner arrested for iPhone theft

April 8, 2013
Dave Stafford
A Wal-Mart worker who tried to steal four iPhones from the store at the end of her workday has no protection from forfeiture laws that allowed the state to take her car, the Indiana Court of Appeals ruled Monday.
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Toxicology lab witness’s failure to appear dooms drunken-driving conviction

April 8, 2013
Dave Stafford
A Tennessee man’s drunken-driving conviction in Shelby Superior Court was tossed because his trial took place more than a year after his arrest, largely due to a toxicology lab worker’s failure to appear for scheduled depositions, the Indiana Court of Appeals ruled Monday.
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Pair convicted in liquor store killing not entitled to DNA evidence

April 8, 2013
Dave Stafford
Two men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled Monday.
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Court reverses several theft convictions under single larceny rule

April 4, 2013
Jennifer Nelson
An Orange County man who stole items from a deceased man’s home and sold them had multiple convictions overturned by the Indiana Court of Appeals, including several theft convictions and failure to report a dead body.
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COA affirms dismissal for lack of personal jurisdiction

April 4, 2013
Jennifer Nelson
The Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business from a lawsuit filed here.
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Trial court improperly suspended driving privileges for life

April 4, 2013
Jennifer Nelson
A Marion Superior Court exceeded statutory authority when it suspended a man’s driving privileges for life, the Indiana Court of Appeals has held. At the time Thomas Porter was arrested and charged, his driving privileges were suspended for life, but that was no longer the case when he was sentenced.
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Judges rule on contractor dispute over new FBI headquarters

April 4, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist upon arbitration.
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Lake County murder conviction affirmed

April 4, 2013
Jennifer Nelson
A Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction regarding the presumption of innocence, the Indiana Court of Appeals held.
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COA orders bank’s cause of action reinstated

April 4, 2013
Jennifer Nelson
A Howard Superior Court erred in denying a bank’s motion for relief from the court’s quiet title decree finding the bank no longer held any interest in certain real property owned by a divorcing couple, the Indiana Court of Appeals ruled Thursday.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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