Judge James S. Kirsch

Majority affirms default judgment against Sears

August 12, 2010
Jennifer Nelson
The Indiana Court of Appeals split today as to whether a department store was entitled to have a default judgment set aside.
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Justice selection process wasn't always public

August 4, 2010
Michael Hoskins
Twenty-five years ago, choosing an Indiana Supreme Court justice was confidential.
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Judge worries ruling may make bright-line rule in traffic stops

July 27, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns were legitimate enough to allow the officer to search a car after a traffic stop.
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COA: insurer received actual notice from clients

July 14, 2010
Jennifer Nelson
The insurance company that provided legal professional liability coverage for the attorney who abandoned his practice and went on a crime spree did receive actual notice of the attorney’s clients’ claims against the insurer, the Indiana Court of Appeals ruled today.
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Court splits on first impression dissipation case

November 30, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented today from his colleagues' decision that a spouse may be found to have dissipated property after refusing to sign and file joint tax returns because the judge believes the ruling is "bad law and bad policy."
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COA reverses termination over rule violation

November 30, 2009
Jennifer Nelson
The Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance under a local court rule.
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COA says voter I.D. law unconstitutional

September 17, 2009
Michael Hoskins
The Indiana Court of Appeals has tossed out the state's 4-year-old voter identification law as unconstitutional, bringing new attention to a statute that has been upheld by the nation's highest court.
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COA: Rentals not restricted by covenants

July 9, 2009
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals determined today the rental of cabins in a subdivision was allowed under its restrictive covenants because the rental property was for "residential use."
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Judges differ on pretrial credit award

June 12, 2009
Jennifer Nelson
Each judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant, who pleaded guilty to one charge - other charges were dismissed - is entitled to, or if he is entitled to any time at all.
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Judges differ in non-compete agreement case

May 18, 2009
Jennifer Nelson
In a legal dispute regarding a non-compete agreement, the Indiana Court of Appeals judges disagreed as to whether the agreement could be enforced if the former employee's clients voluntarily left and contacted him to continue to be their accountant.
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Defendant can't 'earn' sentence modification

April 17, 2009
Jennifer Nelson
The Indiana Court of Appeals vacated a man's robbery sentence because it found the trial court abused its discretion when sentencing him and couldn't legally reduce his sentence as it said it would if he participated in educational and vocational programs while incarcerated.
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Outside accounting ordered in LLC dissolution

February 16, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a judgment in favor of one of the owners of a dissolved LLC, finding the trial court erred when it entered judgment against the other owner personally without ordering an outside accounting of the company's finances.
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Court agrees on ID standard, split on 'injury'

December 24, 2008
Michael Hoskins, Michael HoskinsMore
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  1. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

  3. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

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  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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