Court opinions

Medmal claim sent via FedEx before deadline was timely filed

March 11, 2014
Dave Stafford
A medical malpractice complaint was timely filed when an attorney delivered it to Federal Express a day before the statutory deadline, the Indiana Supreme Court ruled, reversing lower court orders and remanding the complaint to the trial court.
More

Information used to obtain search warrant splits Court of Appeals

March 10, 2014
Marilyn Odendahl
Although the statements from three individuals were hearsay and initially led law enforcement to enter the wrong apartment, a split Indiana Court of Appeals found, collectively, the information supported probable cause.
More

Appeals court: Requests for modification don’t nullify foreclosure

March 10, 2014
Dave Stafford
The Indiana Court of Appeals affirmed summary judgment in favor of a mortgage servicer despite the property owners’ attempts at modifying the mortgage.
More

Divided Supreme Court reinstates parental termination order

March 10, 2014
Dave Stafford
The Indiana Court of Appeals impermissibly reversed termination of a father’s parental rights, a majority of the Indiana Supreme Court ruled Friday in reinstating a trial court order.
More

Highway supervisor’s termination not subject to judicial review

March 6, 2014
Jennifer Nelson
Because the decision by the Fayette County Board of Commissioners to not reappoint its county highway supervisor was a ministerial decision, the Indiana Supreme Court held it was not subject to judicial review.
More

Judges order more proceedings in property distribution after divorce

March 6, 2014
Jennifer Nelson
Citing inconsistencies and lack of information, the Indiana Court of Appeals ordered more proceedings to determine issues of spousal maintenance and distribution of the marital estate in a divorce case.
More

COA: Buyer complied with notice statutes for obtaining tax deed

March 6, 2014
Jennifer Nelson
Noting that the parties and trial court did not follow the established procedures to set aside a tax deed, the Indiana Court of Appeals held that the court erred in finding a buyer’s notices sent certified mail were statutorily deficient. The notices did not request return receipt.
More

Judges order woman resentenced for health care fraud

March 5, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals found that a woman knowingly and voluntarily pleaded guilty to one count of health care fraud, but it sent her case back to the District Court for resentencing. The District judge violated the ex post facto clause by sentencing her under the wrong version of the sentencing guidelines.
More

ATF agent’s testimony supports gun conviction

March 5, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s weapons conviction Tuesday, ruling that the expert testimony of an agent of the Bureau of Alcohol Tobacco Firearms and Explosives could be used to prove that a gun had crossed state lines.
More

COA affirms cures imposed for title insurance company’s statutory violations

March 4, 2014
Jennifer Nelson
The Indiana Court of Appeals found nothing wrong in the trial court’s decision to uphold the Indiana Department of Insurance’s order that found a title insurance company violated several statutes and outlined what the company must do to cure its violations.
More

Couple not entitled to attorney fees under Crime Victims Relief Act

March 3, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed that a Lake County couple who won a fraudulent misrepresentation judgment against the previous owners of the couple’s home are not entitled to certain fees under the Indiana Crime Victims Relief Act.
More

COA: Trial court is wrong to order shareholders to pay attorney fees

March 3, 2014
Jennifer Nelson
In a case that stems from a failed transaction in 2000 to purchase an event-decorating company, the Indiana Court of Appeals has reversed the order that shareholders of a corporation are liable for attorney fees on a wrongful stop-payment claim.
More

Appeals court denies man’s request to be removed from sex offender registry

February 28, 2014
Jennifer Nelson
Using the “intents-effects” test, the Indiana Court of Appeals has affirmed that the additional registration requirements imposed on a man on the sex offender registry after a 2006 change in the law do not amount to an impermissible ex post facto violation.
More

COA affirms the voiding of $500,000 default judgment against American Legion post

February 28, 2014
Jennifer Nelson
A Marion Superior court correctly set aside default judgment against an American Legion post after finding the method employed to serve process on the organization was not the best way to inform it of a woman’s lawsuit, the Indiana Court of Appeals ruled.
More

7th Circuit affirms denial of motion to suppress search of car

February 27, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the denial of an automobile passenger’s motion to suppress evidence found in the car during a traffic stop, which led to his eventual pleading guilty to a heroin offense. The judges found no error by the District judge in crediting the testimony of the police officer who pulled the vehicle over because he believed the speed it was traveling and distance to the car in front of it violated Indiana law.
More

Judge orders Floyd County to pay Camm defense attorneys’ bills

February 27, 2014
Marilyn Odendahl
The dispute over trial expenses between the attorneys representing David Camm and Floyd County came closer to a resolution Wednesday with Judge Jonathan Dartt ordering the county auditor to pay about $140,000.
More

Judges split over Fourth Amendment violation

February 27, 2014
Jennifer Nelson
Two of the three judges on an Indiana Court of Appeals panel affirmed the suppression of marijuana and a pipe found on a man during a traffic stop, with the dissenting judge believing there was no infringement on the man’s Fourth Amendment rights.
More

Mother’s appeal of termination of parental rights dismissed

February 27, 2014
Jennifer Nelson
The Indiana Court of Appeals has dismissed a mother’s appeal from the order terminating her parental rights to her twins, ruling she forfeited her right to appeal because she failed to file a timely notice of appeal.
More

Appellate court reinstates habitual traffic violator charge

February 27, 2014
Jennifer Nelson
Finding a trial court abused its discretion when it granted a man’s motion to dismiss a Class D felony operating a vehicle as a habitual traffic violator charge, the Indiana Court of Appeals reversed and ordered the charge reinstated.
More

Judges decline to find OWI statute unconstitutional

February 26, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that the statute proscribing the operation of a vehicle with a Schedule I or II controlled substance violates the Equal Privileges and Immunities Clause of the Indiana Constitution.
More

Mom and pop store can’t proceed pro se in Coach trademark lawsuit

February 26, 2014
Dave Stafford
The owners of a southern Indiana general store accused in a federal lawsuit of selling knockoff high-end Coach-brand products may not represent pro se their incorporated general store named in the suit.
More

Campus fraternity chapter may be liable for alleged hazing injury

February 26, 2014
Dave Stafford
A Wabash College fraternity pledge’s injury claim resulting from alleged hazing, ruled on recently by the Indiana Supreme Court, turned not on whether he was hazed inside the frat house, but on who may be liable.
More

Killer’s 50-year conspiracy sentence vacated as double jeopardy

February 25, 2014
Dave Stafford
The sentence of a man convicted of killing his ex-wife was reduced by 50 years Tuesday when the Indiana Court of Appeals granted in part his petition for post-conviction relief.
More

Appeal filed beyond 30-day limit must raise new facts

February 25, 2014
Marilyn Odendahl
In dismissing an interlocutory appeal as untimely, the Indiana Court of Appeals told the appellants they still have the ability to attack the trial court’s interlocutory orders.
More

High school basketball team’s hair-length policy is discriminatory

February 24, 2014
Marilyn Odendahl
A dispute pitting long hair against an attempt to promote a clean-cut image of Hoosier boys’ basketball is headed for overtime since the 7th Circuit Court of Appeals found a high school’s hair-length requirements pertaining only to male basketball players violated equal protection and Title IX.
More
Page  << 81 82 83 84 85 86 87 88 89 90 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hello everyone am precious from the united state of America am here to testify in the name of this great man who has brought back happiness into my family after my lover Chris left me for 3years for another woman,i really loved Chris because he was my first love i tried everything within my power to get Chris back to my life but people i met just kept on scamming me and lying to me,Then normally on Saturdays i do go out to make my hair and get some stuff,Then i had people discussing at the saloon if they do listen to there radio well,That there is a program (how i got back my ex)And started talking much about Dr EDDY how this man has helped lots of people in bringing back there lover,So immediately i went close to those ladies i met at the saloon and i explained things to them they said i should try and contact Dr EDDY that he has been the talk of the town and people are really contacting him for help immediately we searched on the internet and read great things about Dr EDDY i now got all Dr EDDY contact instantly at the saloon i gave Dr EDDY a call and i shared my problem with him he just told me not to worry that i should just be happy,He just told me to send him some few details which i did,And then he got back to me that everything would be okay within 36hours i was so happy then Dr EDDY did his work and he did not fail me,My lover Chris came to me in tears and apologized to me for leaving me in deep pain for good 3years,So he decided to prove that he will never leave me for any reason he made me had access to his account and made me his next of kin on all his will,Now the most perfect thing is that he can't spend a minute without seeing me or calling me,Am so grateful to Dr EDDY for bringing back the happiness which i lack for years,Please contact Dr EDDY for help he is a trustworthy man in email is dreddyspiritualtemple@gmail.com or you can call him or whatsapp him with this number...+23408160830324 (1)If you want your ex back. (2) if you always have bad dreams. (3)You want to be promoted in your office. (4)You want women/men to run after you. (5)If you want a child. (6)[You want to be rich. (7)You want to tie your husband/wife to be yours forever. (8)If you need financial assistance. (9)If you want to stop your Divorce. 10)Help bringing people out of prison. (11)Marriage Spells (12)Miracle Spells (13)Beauty Spells (14)PROPHECY CHARM (15)Attraction Spells (16)Evil Eye Spells. (17)Kissing Spell (18)Remove Sickness Spells. (19)ELECTION WINNING SPELLS. (20)SUCCESS IN EXAMS SPELLS. (21) Charm to get who to love you. CONTACT:dreddyspiritualtemple@gmail.com

  2. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  3. MELISA EVA VALUE INVESTMENT Greetings to you from Melisa Eva Value Investment. We offer Business and Personal loans, it is quick and easy and hence can be availed without any hassle. We do not ask for any collateral or guarantors while approving these loans and hence these loans require minimum documentation. We offer great and competitive interest rates of 2% which do not weigh you down too much. These loans have a comfortable pay-back period. Apply today by contacting us on E-mail: melisaeva9@gmail.com WE DO NOT ASK FOR AN UPFRONT FEE. BEWARE OF SCAMMERS AND ONLINE FRAUD.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

ADVERTISEMENT