Indiana Court of Appeals
Company filed suit within applicable limitations
December 30, 2009
Jennifer NelsonA construction company's attempt to cast itself in the same class of professionals as attorneys or architects was rejected
by the Indiana Court of Appeals today. The appellate court upheld on interlocutory appeal the denial of the company's
motion for summary judgment in a breach of contract complaint.
MoreCOA: Firefighter's e-mail didn't harm department
December 22, 2009
Jennifer NelsonA firefighter shouldn't have been fired for his e-mail commenting on the financial situation of the township's fire
department because the e-mail didn't impact the effectiveness of the department, the Indiana Court of Appeals ruled
today.
MoreCOA: Store not a beneficiary of letters of credit
December 18, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled a department store has no rights derived from letters of credit between a bank and the
man developing the site for a new store location.
MoreCity violated constitution in denying refunds
December 18, 2009
Jennifer NelsonThe city of Indianapolis' refusal to grant some homeowners' requests for a partial refund of Barrett Law assessments
violated the Equal Protection Clause, the Indiana Court of Appeals ruled today.
MoreCOA rules on re-registration of offenders
December 17, 2009
Jennifer NelsonTwo sex offenders serving or who had completed their 10-year registration period shouldn't have been required to re-register
for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.
MoreAppellate court splits on liability of city
December 15, 2009
Jennifer NelsonThe Indiana Court of Appeals split today in deciding whether the city of South Bend should have known putting heavy machinery
on an unstable sidewalk would create an unreasonable risk of harm to a brick restorer.
MoreCOA rules on excessive force under ITCA
December 15, 2009
Jennifer NelsonThe use of excessive force is not conduct immunized under section 3(8) of the Indiana Tort Claims Act, the Indiana Court of
Appeals ruled today.
MoreTrial judge's comments spur COA reversal
December 15, 2009
Jennifer NelsonBecause of a trial judge's statements following the conviction of a man for having a gun in a controlled area of an airport,
the Indiana Court of Appeals reversed the conviction for insufficient evidence.
MoreJudges uphold molestation convictions
December 14, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a man's convictions of child molesting because it agreed the victim's recantation
of the allegations weren't worthy of credit.
MoreCOA upholds dismissal of proposed class
December 8, 2009
Jennifer NelsonPotential plaintiffs who want to join a class action suit seeking redress under the state's Wage Claims Statute must first
submit a claim to the Indiana Department of Labor, the Indiana Court of Appeals upheld today.
MoreCOA adopts 'site-specific' approach
December 3, 2009
Jennifer NelsonFor the first time, the Indiana Court of Appeals adopted a site-specific approach to rule on an insurance case with multiple
policies in several states. The appellate court had been following a uniform-contract-interpretation approach when ruling
on choice of law questions in contract actions.
MoreCourt splits on first impression dissipation case
November 30, 2009
Jennifer NelsonAn 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."
MoreCOA reverses termination over rule violation
November 30, 2009
Jennifer NelsonThe 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.
MoreCOA: Government vehicle exclusion is void
November 25, 2009
Jennifer NelsonThe Indiana Court of Appeals concluded today in a matter of first impression that the government vehicle exclusion in underinsured
motorist policies is void as against public policy.
MoreProsecutor misconduct leads to reversal
November 23, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a defendant's conviction of intimidation because several acts of misconduct constituted
fundamental error. The appellate court also ruled the man could be retried on the charge.
MoreJudges disagree as how to review sentence
November 18, 2009
Jennifer NelsonA panel of Indiana Court of Appeals judges affirmed today that a defendant's sentence following a guilty plea wasn't
inappropriate, but the judges didn't agree as to how to reach that conclusion.
MoreCOA splits, reverses probation revocation
November 17, 2009
Jennifer NelsonThe Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The
judges didn't agree that the probation revocation hearing comported with due process.
MoreCOA: Insurance funds aren't a money judgment
November 16, 2009
Jennifer NelsonIn a matter of first impression, the Indiana Court of Appeals decided today that a summary judgment granting insurance policies
isn't equivalent to a money judgment that would allow for 8 percent post-judgment interest.
MoreGood-faith exception not applicable
November 13, 2009
Jennifer NelsonAn Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception
doesn't apply in this case, the Indiana Court of Appeals concluded today.
MoreCOA to hear arguments at college
November 13, 2009
IL StaffAs a part of its "Appeals on Wheels" initiative, a panel of Indiana Court of Appeals judges will visit St. Mary-of-the-Woods
College Nov. 17 to hear arguments in a medical malpractice suit.
MoreCOA: Obama, McCain eligible to be president
November 12, 2009
Jennifer NelsonMore than a year after the 2008 presidential election, the Indiana Court of Appeals ruled that Sens. John McCain and Barack
Obama were eligible to run for the office.
MoreOfficer didn't conduct investigatory stop
November 10, 2009
Jennifer NelsonA trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure
of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.
MoreCourt clarifies responses under T.R. 56(I)
November 10, 2009
Jennifer NelsonThe Indiana Court of Appeals used a decision today to clarify that when a nonmoving party has received an enlargement of time
pursuant to Indiana Trial Rule 56(I), any response must be made within the additional time period granted by the trial court.
MoreOfficer safety justified opening ajar car door
November 9, 2009
Jennifer NelsonThe opening of an ajar car door by a police officer during a foot chase with a suspected robber didn't violate the man's
federal or state constitutional rights, the Indiana Court of Appeals concluded today.
MoreTrial court didn't err in denying mistrial
November 9, 2009
Jennifer NelsonA trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms
expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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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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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!