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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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.