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The former president of a company that manufactured animal and pet products has failed to convince the Court of Appeals of Indiana that along with being an executive at the company, he also held an ownership stake.
Court of Appeals of Indiana
Lockerbie Glove Company Town Home Owner’s Association, Inc., Elliot J. Serena Androphy, Cherri D. Hobgood, Sashwati Roy, Chandan K. Sen, and Brian Edward West v. Indianapolis Historic Preservation Commission, Daniel C. Jacobs, and The Athenaeum Foundation, Inc.
22A-PL-204
Civil plenary. Affirms the Marion Superior Court’s grant of a motion for judgment on the pleadings on the basis of lack of standing by six residents challenging the construction of a retail, residential and parking project known as Block 20 in the Lockerbie Square Historic District in Marion County. Finds the appellants lack the necessary standing, so the trial court did not err in granting the motion for judgment on the pleadings filed by the Indianapolis Historic Preservation Commission, Daniel C. Jacobs and The Athenaeum Foundation Inc.
Continued attempts to halt the construction of a parking lot and retail center in a historic Indianapolis district by a collection of nearby homeowners has been bulldozed after the Court of Appeals of Indiana ruled the residents lacked standing when they failed to allege injury as a result of the project.
With new state laws and court challenges popping up on what seems like a daily basis, some women are traveling state lines to get abortions.
Indiana taxpayers were out close to a quarter-million dollars for a special legislative session that saw the passage of a near-total ban all abortions in the state, as well as a deal providing wraparound social services and inflation relief.
Before three Dutch soldiers were shot, one fatally, in downtown Indianapolis, they were training in a southern Indiana military camp where international soldiers enter highly specialized urban combat simulations they might not be able to get in their own country.
U.S. Attorney for the Northern District of Illinois John R. Lausch Jr. provided an update on the work of the cross-jurisdictional Firearms Trafficking Strike Force last week, which noted 30 individuals are facing charges in Indiana — more than any other state participating in the effort.
Court of Appeals of Indiana
David Bugay, et al. v. Jeffrey DeBoy, et al. (mem. dec.)
21A-PL-01667
Civil Plenary. Affirms the Tippecanoe Circuit Court’s judgment in favor of Jeffrey DeBoy and JBC Buildings, Inc. against David Bugay and Rolling Maul, LLC, for $139,601.98. Finds the trial court did not err when it declined to decrease DeBoy’s unjust enrichment award based on construction defects because Bugay had settled his defects crossclaim for $150,000 and dismissed that crossclaim with prejudice. Rules the trial court did not err when it refused to award DeBoy monies for disgorgement of profits from Legacy Sports Club.
The 7th Circuit Court of Appeals has denied an Eritrea immigrant’s attempt to become a naturalized citizen, holding he had waived his arguments at the appellate level because he focused on the procedure for processing his application rather than on the merits of his claim.
A senior judge has resigned from his appointment as a temporary judge in Hancock County after a month on the job.
More than a dozen Indiana lawyers, judges and law professors performed on stage at the Indianapolis Bar Foundation’s first “IndyBar’s Got Talent” event Saturday evening.
A federal judge in Florida told the Justice Department on Saturday to provide her with more specific information about the classified records removed from former President Donald Trump’s Florida estate and said it was her “preliminary intent” to appoint a special master in the case.
The Environmental Protection Agency temporarily lifted a federal rule for fuel sales in four states in response to a fire last week at an Indiana oil refinery that could affect prices and supply.
One of three Dutch soldiers wounded in a shooting outside a hotel in downtown Indianapolis over the weekend has died, the Defense Ministry said Monday.
Indianapolis-based Aearo Technologies LLC’s recent bankruptcy filing won’t shield its corporate parent 3M Co. from the massive flood of product-liability lawsuits over Aeros’ military earplugs, a judge has ruled.
In a pair of opinions dissenting from the Indiana Supreme Court’s denial of transfer to two cases involving plea deals, Justice Steven David asserted the records are “simply inadequate” to show that the defendants knowingly and voluntarily waived their rights to appeal.
Court of Appeals of Indiana
Indiana State Police and State of Indiana v. The Estate of Michael M. Damore
21A-CT-2536
Civil tort. Reverses a ruling in favor of the Estate of Michael M. Damore, who was killed in a vehicle accident involving Indiana State Police. Finds the Lake Superior Court abused its discretion by excluding evidence of Michael’s driving behavior in the minutes before the collision and by striking the entirety of the defendant’s expert’s testimony based on a minor violation of the motion in limine that posed no serious risk of prejudice to the estate. Finds the trial court erred in failing to give some of the defendant’s propose jury instructions. Finally, concludes that insufficient evidence was presented to establish that Michael’s mother was his dependent for purposes of the General Wrongful Death Statute, and her recovery must therefore be limited to the amounts permitted by the Adult Wrongful Death Statute.
A Clay County man will not have to pay a pair of fees imposed upon him by a trial court following his conviction of theft after the Court of Appeals of Indiana determined neither of the fees were authorized by statute.
A woman who didn’t comply with the settlement agreement in her dissolution of marriage decree has failed to convince the Court of Appeals of Indiana that a trial court erred in granting a motion to enforce settlement.
The estate of a motorcyclist who was killed after colliding with an Indiana State Police vehicle while exiting an Indiana tollbooth faced a reversal after the Court of Appeals of Indiana concluded evidence of his high-speed chase with police just before the fatal accident was wrongly excluded from trial.