First impression

Casino wins compulsive gambling appeal

March 20, 2009
Michael Hoskins
Casinos don't have a common law duty to protect compulsive gamblers from themselves, and aren't required to refrain from trying to entice those people into their establishments, the Indiana Court of Appeals ruled today in a matter of first impression.
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Moving chattel for suit doesn't establish venue

March 19, 2009
Jennifer Nelson
In its opinion today regarding a breach of warranty case, the Indiana Court of Appeals had to define for the first time what "regularly located or kept" meant for purposes of Indiana Trial Rule 75(A)(2).
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High court rules on issue preclusion in tax case

March 16, 2009
Jennifer Nelson
In an opinion handed down March 6, the Indiana Supreme Court had to decide whether a previous ruling barred the Indiana Department of Revenue from raising new contentions in support of a different method of allocation of income to the state.
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eBay suit presents issue of first impression

March 13, 2009
Jennifer Nelson
In an issue of first impression in Indiana - and possibly in the United States - the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.
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High court: land seller not liable in death

March 10, 2009
Jennifer Nelson
Addressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.
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Man isn't entitled to parental privilege defense

March 4, 2009
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.
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COA: State must prove violation of statute

February 26, 2009
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time today whether under Indiana Code Section 35-48-4-16(b) a defendant only has the burden of placing the issue in question where the state's evidence hasn't done so.
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Bank wrongfully refused to pay cashier's check

February 20, 2009
Jennifer Nelson
In an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.
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7th Circuit addresses challenges under the RFA

January 12, 2009
Jennifer Nelson
7th Circuit adresses for the first time who could bring a challenge to a regulatory flexibility analysis or certification under the Regulatory Flexibility Act.
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Parties can't pick certain provisions to enforce

December 29, 2008
Jennifer Nelson
The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
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Appellate court rules on GAL fees

December 23, 2008
Michael HoskinsMore

COA: Warrant didn't need to be admitted

December 22, 2008
Rebecca Berfanger
In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.
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Judges disagree on trust jurisdiction issue

December 11, 2008
Jennifer Nelson
In a matter of first impression, Indiana Court of Appeals judges disagreed whether an Indiana probate court had subject matter and personal jurisdiction over a trust based in Virginia.
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Court tackles 2 first-impression issues

December 9, 2008
Jennifer Nelson
The Indiana Supreme Court ruled on a case today in which there were two issues of first impression, finding consolidation of a trial with a preliminary injunction hearing without notice isn't a reversible error unless a showing of prejudice can be made.
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No partial parental right termination allowed

October 31, 2008
Michael Hoskins
Indiana law doesn't allow for partial termination of parental rights, the state's Court of Appeals has ruled in a case of first impression.
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Economic presence meets taxing requirement

October 21, 2008
Jennifer Nelson
In a matter of first impression, the Indiana Tax Court has ruled that a bank didn't need to have a physical presence in the state to be subject to Indiana's Financial Institutions Tax.
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Special judge invalidates local impact fee

October 21, 2008
Michael Hoskins
In the first court decision of its kind in Indiana, a special judge has invalidated Zionsville's parks impact fee because it violates state statute.
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Transfer granted in write-offs case

October 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer yesterday to a case of first impression involving write-offs and insurance benefits.
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Transfer granted to school financing case

September 29, 2008
IL Staff
The Indiana Supreme Court granted transfer last week to a case of first impression involving the courts' authority to review the state's school financing formula.
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Decomposition cleanup subject to lien law

September 22, 2008
Michael Hoskins
A decomposing body left in a Johnson County home has led the Indiana Court of Appeals to analyze the state mechanic's lien statute.
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COA: Gun test-firing not an unlawful search

September 19, 2008
Michael Hoskins
Routine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment rights, the Indiana Court of Appeals ruled today.
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Court: Evidence shows car was a gift

September 18, 2008
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals agreed with the trial court that a husband gave his wife a car as a gift, despite registering the title in both his name and his wife's name.
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7th Circuit won't rehear in vitro case

August 22, 2008
Michael Hoskins
The full 7th Circuit Court of Appeals won't rehear a case of first impression involving an Indiana woman's claim that she was wrongfully fired for taking time off for in vitro fertilization, and attorneys haven't decided whether to seek further review by the U.S. Supreme Court.
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Adult son could file paternity, support petition

August 21, 2008
Jennifer Nelson
A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.
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7th Circuit rules on multiplicitous convictions

November 21, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals encountered for the first time the issue of whether a single incident of firearm possession can support multiple convictions under United States Code when the defendant is included in more than one class of people who are disqualified under the statute from possessing firearms.
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