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The host of a birthday party for her live-in boyfriend had a duty to render aid to a guest she saw unconscious after he’d been drinking and involved in a fight, the Indiana Court of Appeals ruled. The man later died.
Indiana Court of Appeals
F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers
02A05-1506-CT-520
Civil tort. Reverses trial court orders granting Angela Martin’s motion to strike and motion for summary judgment. The question of whether Martin is liable under the Dram Shop Act for furnishing alcohol to an intoxicated person, who later died after attending a party at the house she shared with Brian Paul Brothers, is a factual issue to be resolved at trial. Finds Martin as the host of a party had a duty to exercise reasonable care and render aid after she saw Paul Michalik unconscious after drinking and being involved in a fight, and questions of fact remain as to whether she breached that duty.
The United States Supreme Court ruled Monday that satellite provider DirecTV can avoid a class-action lawsuit in California over early termination fees and force customers into private arbitration hearings instead.
The U.S. Supreme Court has sided with a lesbian mother who wants to see her adopted children, blocking an Alabama court's order that declared the adoption invalid.
The justices on Monday let stand a lower court ruling that upheld the award to Robert Contreras, who was left paralyzed after police shot him multiple times when he fled the scene of a drive-by shooting in 2005.
Justices ruled Monday that a federal appeals court was wrong to overturn Roger Wheeler’s sentence based on the exclusion of a juror who expressed reservations about the death penalty.
School officials say a federal judge’s injunction only applied to a live scene and that they complied with the order.
The settlement calls for Switzerland County officials to deliver to Jefferson County within 10 days about $50,000 in economic development money they're currently holding.
Three central Indiana counties have been working over the past five years to address jail overcrowding by building or upgrading facilities.
Because there are genuine issues of material fact as to the fair market value of a property at the time of sale and the true amount of indebtedness on a promissory note, a trial court erred in granting summary judgment in favor a bank on its foreclosure action, the Indiana Court of Appeals ruled Friday.
The Indiana Court of Appeals upheld the requirement that man convicted of a sex crime in Washington must also register as a sex offender in Indiana, finding the requirement is not an ex post facto punishment under the Indiana Constitution. But one judge disagreed, and would reverse his registration requirement.
Officials in another Indiana city have approved banning discrimination based on sexual orientation or gender identity ahead of an expected debate in the state Legislature over whether to pass a statewide law that supersedes any local ordinance.
Indiana Court of Appeals
Wayne Patton v. Jessica Patton
17A04-1503-DR-137
Domestic relation. Affirms denial of father’s motion for modification of visitation, finding the trial court struck a balance that addresses the concerns of all, while still providing father with opportunities for more rewarding parenting time with W.P. immediately and in the future. Reverses portion denying his modification of child support, finding the emancipation of daughter Ja. P. was a substantial and continuing change to justify modification. Remands for modification of support obligation to become $136.42 per week.
“Carmel’s wholesale adoption of chapters of Indiana Code resulted in its ordinance being nothing more than a ‘duplicate’ of already existing State law,” Court of Appeals Judge Melissa May wrote.
A trial court should have reduced a father’s child support obligation to his three children because his daughter’s emancipation constitutes a substantial and continuing change, the Indiana Court of Appeals held Friday. The trial court denied the father’s motion because the amount of child support offered differed by less than 20 percent of the amount dictated by the Indiana Child Support Guidelines.
Ex-attorney William Conour claims in a jailhouse motion he filed Thursday that the judge who sentenced him to 10 years in prison for wire fraud appears to be biased in favor of prosecutors and must be removed for preventing him from representing himself.
“This item may be the product of slave labor.” Those jarring words could end up on candy bar wrappers, packages of frozen shrimp and even cans of cat food if some California lawyers get their way.
The family of an Indianapolis man who apparently hanged himself in a Marion County Jail cell is seeking damages in a federal lawsuit against the sheriff's department.
The “RFRA fix” passed in April to quell discrimination fears about the Religious Freedom Restoration Act is now being challenged as unconstitutional by two organizations that were the most vocal proponents of the original legislation.
A federal judge has sentenced the former director of a charitable foundation started by ex-Subway pitchman Jared Fogle to 27 years in prison for producing child pornography that played a role in Fogle's criminal case.