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The “value” attributable to the performance of work that triggers secondary liability under the Worker’s Compensation Act includes both direct monetary payment as well as any ancillary consideration received for the work, the Indiana Supreme Court ruled in a case of first impression.
A trial court incorrectly granted summary judgment in favor of a loss prevention company’s insurer over whether it had a duty to defend a Menard customer’s lawsuit stemming from actions of the loss prevention specialist.
A trial court did not abuse its discretion in ordering an ex-husband to pay a portion of an expert’s fee for valuating his hoof trimming business upon the dissolution of his marriage, the Indiana Court of Appeals held Thursday.
The Indiana Court of Appeals affirmed on Thursday the decision by the Worker’s Compensation Board that a University of Notre Dame employee had reached maximum medical improvement from her work-related injury.
Based on the contracts between Ivy Tech Community College, the contract manager it hired and an independent contractor, no duty of care existed between the contract manager and the employees of contractors, the Indiana Court of Appeals affirmed.
For the second time in 11 months, opponents of the Supreme Court of the United States rulings lifting limits on money in political campaigns briefly disrupted proceedings in the courtroom and embarrassed the court by managing to get a camera past court security.
ESPN has filed a lawsuit against University of Notre Dame, alleging the school is violating Indiana's public record laws by withholding police incident reports about possible campus crimes involving certain student-athletes.
Wednesday’s opinions
Indiana Court of Appeals
Sandra Elaine Lappin v. Anthony Alex Timmerman (NFP)
86A03-1407-PL-229
Civil plenary. Reverses summary judgment in favor of Timmerman on his motion to dismiss Lappin’s complaint that he not be allowed to participate in an HVAC business in violation of the parties’ covenant not to compete. Remands for further proceedings.
Karen K. Hardison v. State of Indiana (NFP)
87A01-1407-CR-293
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
Sally Brodie v. Viking Development, LLC (NFP)
46A03-1311-CC-442
Civil collection. Affirms award of summary judgment to Viking Development on its claim against Brodie, as guarantor of a contract, for specific performance. Remands for a determination of reasonable appellate attorney fees.
Benjamin T. Haines v. State of Indiana (NFP)
90A02-1408-CR-545
Criminal. Affirms convictions of Class D felony resisting law enforcement, Class B misdemeanor reckless driving and Class B misdemeanor criminal mischief.
Julius Q. Armstead v. State of Indiana (NFP)
79A02-1403-CR-137
Criminal. Affirms sentence for Class B felony robbery.
Indiana Court of Appeals
Sandra Elaine Lappin v. Anthony Alex Timmerman (NFP)
86A03-1407-PL-229
Civil plenary. Reverses summary judgment in favor of Timmerman on his motion to dismiss Lappin’s complaint that he not be allowed to participate in an HVAC business in violation of the parties’ covenant not to compete. Remands for further proceedings.
A senior partner with Kightlinger & Gray LLP has been selected as a part-time magistrate judge in the U.S. District Court for the Southern District of Indiana.
Medical malpractice claims of up to $50,000 would go directly to court under a proposal that cleared an Indiana Senate committee Wednesday.
Indiana Tax Judge Martha Wentworth dismissed the challenges brought by 11 cooperatives regarding the Indiana Board of Tax Review’s denial of their appeals after their property tax exemptions were revoked. The judge found the court lacks subject matter jurisdiction to hear the cases.
Vanderburgh County officials have begun reviewing bids for the renovation of the third floor at the 126-year-old courthouse in downtown Evansville.
A woman charged in a deadly 2012 house explosion in Indianapolis agreed Tuesday to plead guilty to conspiracy to commit arson and testify against at least two other people in the fiery natural gas blast that damaged dozens of homes.
A Roman Catholic diocese wants a federal judge to throw out a jury's verdict that it discriminated against a former teacher fired for trying to get pregnant through in vitro fertilization.
Indiana Court of Appeals
Nathaniel E. Moffett v. State of Indiana (NFP)
90A02-1407-CR-467
Criminal. Affirms 50-year sentence for Class B felony attempted arson, Class C felony possession of a dangerous device by an inmate, Class A misdemeanor intimidation and for being a habitual offender.
Nathaniel J. Richardson v. State of Indiana (NFP)
34A02-1408-CR-564
Criminal. Remands for further proceedings to determine who decided that Richardson was not entitled to good-time credit for the period of in-home detention between January 2012 and January 2013, and whether that entity had authority to make that determination, recalculating credit time if necessary; determine whether Richardson was released on bond on March 6 or March 15, 2013, recalculating credit time if necessary; remove the 43 actual-days credit time from Richardson’s FD-61 sentence; and determine under which cause Richardson was serving in-home detention between March 2013 and March 2014, recalculating credit time if necessary.
Heather L. McDaniel v. State of Indiana (NFP)
12A05-1405-CR-223
Criminal. Affirms aggregate six-year sentence, with a total of five years executed at the Department of Correction and one year suspended to probation, following guilty plea to two counts of Class D felony causing serious bodily injury while operating a vehicle while intoxicated.
Roy Dale Weber v. State of Indiana (NFP)
73A01-1401-CR-8
Criminal. Affirms revocation of probation.
In the Matter of the Term. of the Parent-Child Relationship of C.W. & A.W. and J.W. v. The Ind. Dept. of Child Services (NFP)
06A01-1406-JT-240
Juvenile. Affirms termination of parental rights.
Ritchie Townsend v. State of Indiana (NFP)
49A02-1407-MI-462
Miscellaneous. Affirms denial of petition to expunge Townsend’s 1988 conviction for Class B felony criminal confinement.
Indiana Court of Appeals
Jeri Good v. Indiana Teachers Retirement Fund
25A03-1408-MI-278
Miscellaneous. Affirms determination that Good was entitled to only six months of retroactive benefits from the Indiana Public Retirement System instead of a full year as Good sought. Indiana law limits an INPRS member to six months of retroactive retirement benefits. Rejects Good’s claims that she is entitled to additional retroactive benefits based on the theories of equitable estoppel, unjust enrichment and breach of fiduciary duty.
Bills that would provide magistrates for three circuit courts in Southern Indiana are scheduled to be considered Jan. 21 by the Indiana House of Representatives Courts and Criminal Code Committee.
Beginning Monday, opinions and orders issue from the Indiana Court of Appeals will look different.
A retired teacher is not entitled to an additional six months of retroactive retirement benefits from the Indiana Public Retirement System, the Indiana Court of Appeals held Tuesday. Indiana law limits an INPRS member to only six months of retroactive retirement benefits.