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Opinions Oct. 13, 2017

Friday opinions
Indiana Court of Appeals
Dyamond Harris v. Lafayette LIHTC, LP
79A02-1703-SC-638
Small claims. Reverses the Tippecanoe Superior Court’s judgment and writ of possession in favor of Lafayette LIHTC LP on its claim against Dyamond Harris for unpaid rent. Finds the trial court committed clear error by improperly shifting the burden of proof. Also finds the trial court violated Harris’ due process right to an impartial decision-maker.

COA: Judge belittled, disparaged tenant in $38 rent spat

A small-claims judge who failed to swear in litigants in a small-change rent lawsuit drew a rebuke and a reversal from the Court of Appeals Friday, who found she not only improperly shifted the burden of proof to the plaintiff, but also belittled and disparaged her.

Despite concerns, appeals court upholds finding claims against stepbrother barred

Though the Indiana Court of Appeals had “significant concerns” about the transfer of trust assets in a dispute between stepsiblings, the appellate panel affirmed the trial court’s decision in favor of the stepbrother after finding his stepsister’s claims were barred by the statute of limitations.

COA rejects commercial court challenge, rules against worker

While an Indiana commercial court failed to provide sufficient notice to a worker who was being sued by his former employer that sought to enforce a noncompete agreement, the Indiana Court of Appeals found the worker had waived his argument and affirmed a resulting injunction barring him from a new job at a competing company.

COA: Man cannot challenge ‘sexually violent predator’ designation

A man who pleaded guilty to felony child molesting pursuant to a plea agreement cannot challenge his requirement to register as a sexually violent predator, which was not a term of the agreement, because an SVP designation is a statutory mandate, the Indiana Court of Appeals ruled Friday.

7th Circuit: Insurance company had no duty to defend, indemnify bank

A Mississippi-based bank that was sued for charging excessive overdraft fees was not entitled to coverage under its insurance policy because the policy specifically excluded claims arising from fees or charges, the 7th Circuit Court of Appeals has ruled.

Northwestern Indiana man charged with bombing post office

An unsuccessful candidate for local political office in northwestern Indiana man was arrested Thursday on federal charges in connection with a pipe bomb that exploded last month at a post office, U.S. Attorney Thomas Kirsch II announced.

COA: trial court skipped step in land dispute

In defusing a property battle among neighbors, the Indiana Court of Appeals has instructed the trial court to order a land survey that includes durable markers.

Opinions Oct. 12, 2017

Indiana Court of Appeals
Lamasco Redevelopment, LLC v. Henry County, Indiana, Auditor and Henry County, Indiana, Treasurer
33A01-1702-MI-398
Miscellaneous. Grants rehearing and reaffirms the original opinion. Finds the amount a purchaser paid for one of the parcels of land at issue is immaterial to the decision in the case. Also finds the original opinion did not misstate key points of In re 2014 Johnson County Tax Sale, 48 N.E.3d 340 (Ind. Ct. App. 2015).

Businesses ask Supreme Court to take gay rights case

Some of America's most well-known companies are urging the U.S. Supreme Court to rule that a federal employment discrimination law prohibits discrimination based on a person's sexual orientation, a position opposite of the one taken by the Trump administration.