Judge Elaine B. Brown
COA affirms Pennsylvania proper forum for complaint
March 18, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Monday that a producer of limestone and other products must file its complaint for indemnification
in Pennsylvania based on its contract with a trucking company, and not Lake County, Ind.
MoreJudges: employee discharged for just cause
August 31, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development
that an employee of a funeral home was fired for just cause.
MoreAppellate court upholds easement ruling
January 11, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access
easement.
MoreJudges split on mortgage issue
May 17, 2011
Jennifer NelsonIn a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to
whether the mortgagee on record had an enforceable right under a mortgage.
MoreJudges order modification of dissolution decree
May 5, 2011
Jennifer NelsonThe Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in
value of a property when calculating marital assets and distributing marital property.
MoreCourt divided on purchase agreement termination
February 24, 2011
Jennifer NelsonThe judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund
a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.
MoreAppeals court rules on Ohio River phone-stalking case
January 28, 2011
Michael HoskinsThe Indiana Court of Appeals has reaffirmed its standing that prosecutors can’t elevate a misdemeanor crime to a felony
if the defendant didn’t know the victim worked in law enforcement.
MoreMajority upholds dismissal of unemployment benefits appeal
January 26, 2011
Jennifer NelsonThe Indiana Court of Appeals split today on whether a woman’s appeal after she was denied unemployment benefits should
be reinstated. The woman claimed she missed the administrative law judge’s phone call because of confusion regarding
different time zones.
MoreFederal act preempts state law claims
January 25, 2011
Jennifer NelsonThe Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.
Panel criticizes late discovery introduction
December 28, 2010
Michael HoskinsWhile recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who
don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules
still protect a person’s right to a fair trial.
MoreCourt divided on invasion of privacy charge
November 8, 2010
Jennifer NelsonThe Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been
convicted of invasion of privacy when she spoke to the protected party during a court hearing.
MoreAll judges up for retention to stay on bench
November 3, 2010
IL StaffThe 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the
bench.
MoreState bar releases results of COA retention survey
October 13, 2010
IL StaffIf the results of the Indiana State Bar Association’s 2010 Judicial Retention Poll are any indicator of next month’s
election, then the five Indiana Court of Appeals judges up for a vote will be easily retained.
More5 Court of Appeals judges up for retention
October 13, 2010
Michael HoskinsOne third of the Indiana Court of Appeals judges face a retention vote this year. Read the judges’ answers to questions
posed by Indiana Lawyer.
MoreCOA: variance for residential wind turbine allowed
August 31, 2010
Rebecca BerfangerThe Court of Appeals today affirmed a decision from the Warrick Superior Court that found the Board of Zoning Appeals of the
Area Plan Commission of Warrick County was right in allowing a 20-foot variance for the construction of a residential wind
turbine.
MoreMother of stillborn fetus satisfies actual victim requirement in Med-Mal Act
July 27, 2010
Jennifer NelsonThe Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.
MoreCOA reverses juvenile's exploitation adjudication
July 19, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state
didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
MoreCOA reverses judgment for Ford in liability suit
September 21, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but
the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front
seat with airbags turned on.
MoreCourt split on ineffective trial counsel
September 9, 2009
Jennifer NelsonA 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.
MoreJudges differ on if 'property damage' occurred
June 23, 2009
Jennifer NelsonA majority of Indiana Court of Appeals judges affirmed summary judgment in favor of a homebuilder's insurance provider,
insurance broker, and subcontractor's insurer, ruling the damage to the homes wasn't "property damage" as
covered by the insurance policies.
MoreCOA: No preliminary injunction against casinos
May 14, 2009
Jennifer NelsonA panel of Indiana Court of Appeals judges agreed a city isn't entitled to a preliminary injunction to order riverboat
casinos to make payments to the city, but the judges disagreed as to why the city didn't meet its burden to prove an injunction
was necessary.
MoreJury instruction requires new damages trial
May 12, 2009
Jennifer NelsonA jury instruction the Indiana Court of Appeals found to incorrectly state the law required the court to remand for a new
trial on damages in a negligence suit.
MoreCOA rules on first impression lemon-law issue
May 5, 2009
Jennifer NelsonThe Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer
has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes
the problem.
MoreFirst impression in 'non-suspension' rule case
March 31, 2009
Jennifer NelsonThe Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in
Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.