attorney fees

COA reverses award of attorney fees to couple

April 17, 2014
Jennifer Nelson
The Indiana Court of Appeals found a trial court erred in awarding attorney fees to a couple that sued their insurer following a car accident. The trial court ruled that GEICO litigated the claim in bad faith.
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Judges affirm attorney fees from State Farm’s ‘groundless’ lawsuit

April 9, 2014
Jennifer Nelson
A car dealership accused of playing a role in a car fire that destroyed four cars and part of a man’s home is entitled to the more than $12,000 in attorney fees awarded to it after State Farm’s negligence lawsuit was dismissed. The Indiana Court of Appeals noted the insurer’s refusal to dismiss the claim despite knowing the dealership was not at fault for the fire.
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Palladium construction lawsuits costing panel millions

March 26, 2014
Andrea Muirragui Davis
The cash-strapped Carmel Redevelopment Commission has spent more than $6 million since 2009 “responding to, defending and settling” legal claims from contractors involved in construction of the city’s Palladium concert hall, according to filings in Hamilton Superior Court – and the meter is still running.
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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.
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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.
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New Castle denied appellate legal fees in frivolous suit

December 31, 2013
Dave Stafford
A New Castle couple doesn’t have to pay the city’s appellate legal fees in its appeal of a frivolous litigation ruling, but they still must pay New Castle’s legal bills for the trial court filing.
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Fees against IHSAA for unreasonable litigation upheld

December 17, 2013
Dave Stafford
The Indiana High School Athletic Association should pay for its insistence on enforcing rules that courts repeatedly said were arbitrary and capricious, an appeals panel ruled Tuesday.
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Judges divided over complicated issue of wrongful-death attorney fees

November 27, 2013
Jennifer Nelson
A complex and complicated case regarding whether attorney fees awarded from the Indiana Patient’s Compensation Fund are capped at 15 percent led to a split in the Indiana Court of Appeals. The majority decided that the cap does not apply to the calculation of excess damages of any type from the fund.
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COA rules preliminary injunction wrongly extended noncompete agreement

November 13, 2013
Marilyn Odendahl
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
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COA reverses contempt finding, but upholds sanctions

October 11, 2013
Jennifer Nelson
A nurse who made false allegations leading to the detention of a co-worker for mental health reasons will have to pay as ordered toward the woman’s attorney fees even though the Indiana Court of Appeals reversed an indirect civil contempt finding.
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Attorney fees affirmed in trucking dispute; COA declines to bar such awards

September 17, 2013
Dave Stafford
An appellate panel Tuesday affirmed an award of attorney fees under a standard industry agreement and declined an invitation to strip Indiana trial courts of the ability to enter such judgments.
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Marsh Supermarkets, former CEO spar over attorney fees

September 12, 2013
Scott Olson
The years-long legal spat between Don Marsh and the company he once led appeared to have concluded this summer, but has now turned to attorneys’ fees and who’s paying the million-dollar bills.
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COA: Court must hold another hearing on custody

July 23, 2013
Jennifer Nelson
A trial court may refuse to approve a settlement agreement entered into by parents regarding custody of minor children, the Indiana Court of Appeals pointed out Tuesday, but in this case, the court erred by not granting the father’s motion for a continuance regarding his mental health evaluation.
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Complex wrongful-death legal fee appeal puzzles judges

May 28, 2013
Dave Stafford
Judges on a panel of the Indiana Court of Appeals were stumped at times Friday in a case regarding legal fees due from the Indiana Patient’s Compensation Fund to the estate of a woman who won a wrongful death judgment after she died from burns at a care facility.
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COA upholds award of attorney fees but orders damages amount reduced against construction company

February 27, 2013
Jennifer Nelson
A claimed scrivener’s error on the Secretary of State’s website should not be held against the couple filing the lawsuit against a company, the Indiana Court of Appeals held. The error involving an incorrect address on the website was made by an employee of the company being sued more than two years before the suit was filed.
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COA reverses order requiring victim to pay attorney fees

November 20, 2012
Dave Stafford
A man who claims he was struck by a vodka bottle that resulted in 18 stitches won’t have to pay attorney fees to a woman against whom he had been awarded a protective order, the Court of Appeals ruled Tuesday, reversing a lower court order.
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COA affirms $550,000 med mal verdict; denies appellate attorney fees

October 30, 2012
Jennifer Nelson
A Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure, the Indiana Court of Appeals held Tuesday.
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Judge approves $90M for Anthem plaintiffs

October 29, 2012
Kathleen McLaughlin
A federal judge has approved the largest class-action settlement to come out of an Indianapolis court, paying $90 million to former Anthem Inc. policyholders.
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Law firm can’t collect attorney fees from insurer

October 25, 2012
Jennifer Nelson
Relying on caselaw from 1892, the Indiana Court of Appeals decided that Ken Nunn Law Office may not collect attorney fees it says are owed by a former client from a third-party insurance company following a settlement.
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Small law firm sees faith in class-action suit pay off

October 24, 2012
Greg Andrews
A federal judge appears likely to approve the largest class-action settlement ever to come out of a local court, and DeLaney & DeLaney, a small Indianapolis law firm that helped press the case, is poised to profit handsomely.
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Attorneys not entitled to fees after agency drops order

October 11, 2012
Jennifer Nelson
Addressing for the first time what qualifies as a “prevailing party” under the Equal Access to Justice Act, the 7th Circuit Court of Appeals sided with several other appellate courts that have ruled on the issue.
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Court upholds imposition of court costs

October 10, 2012
Jennifer Nelson
The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.
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Appeals court affirms rejection of HOA ‘abusive junk fee’

October 5, 2012
Dave Stafford
A Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive junk fee.”
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Federal Bar Update: Opinion provides insight on attorney fees in FDCPA cases

September 12, 2012
John Maley
Federal courts routinely determine fee petitions for prevailing parties in various fee-shifting cases. A recent opinion from Magistrate Judge Denise LaRue illustrates guiding principles here.
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Court affirms judgment against home contractor

August 13, 2012
Dave Stafford
A home repair contractor lost an appeal of an award against him, but he won’t have to pay the attorney fees of the party that won the judgment, the Indiana Court of Appeals ruled.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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