Flood victims consider suing state, county and South Bend
Flood victims in the South Bend area are considering filing a lawsuit against the state, county and city.
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Court of Appeals upholds denial of request to set aside 1997 divorce decree
The denial of a woman’s request to set aside her divorce decree nearly 20 years after the end of her marriage because of fraud on the part of her ex-husband has been upheld by the Indiana Court of Appeals.
Opinions Sept. 9, 2016
Indiana Court of Appeals
Julie R. Waterfield v. Richard D. Waterfield
92A03-1511-PL-1968
Civil plenary. Affirms trial court’s order denying Julie R. Waterford’s request to set aside her divorce decree entered in 1997 based on the allegation of fraud committed by Richard D. Waterfield while negotiating a settlement leading to the dissolution of the marriage. Finds that Julie Waterfield failed to establish that Richard Waterfield committed fraud. Finds that Richard Waterfield is entitled to an award of attorney fees.
COA affirms felony battery conviction; no evidentiary dispute of substantial pain
The Indiana Court of Appeals upheld a felony battery conviction on Friday despite the defendant’s claim that he should have only been charged with a misdemeanor.
Appellate judges, attorneys to visit Hoosier classrooms to celebrate Constitution Day
Judges and attorneys from across Indiana are heading into schools this month to celebrate the 229th anniversary of the signing of the United States Constitution with Hoosier students.
Former GM factory site in Indiana to get $4 million cleanup
A $4 million contract has been approved to clean up contaminated soil at the site of a former General Motors factory in Indiana.
Robel and Fruehwald honored by Barnes & Thornburg
At a special gathering Wednesday, attorney Scott Barnhart pointed out the legacy of the late Shirley Shideler – women lawyers are now commonplace in the legal profession.
On rehearing, appeals court reins in DCS on CHINS custody change
The Department of Child Services lost on rehearing its argument that a custody modification ordered in a child in need of services case survives the CHINS proceeding.
COA: third-party perpetrator evidence not relevant
A man sentenced to 40 years for murder failed to convince the Indiana Court of Appeals he was unable to adequately defend himself at trial because he was prohibited from pointing an accusatory finger at the victim’s brother-in-law.
Circumstantial evidence supports murder conviction
Despite not having a direct link showing Donald Burns intended to kill his 74-year-old grandmother, the Indiana Court of Appeals found the amount of circumstantial evidence was enough to support his murder conviction.
Appeals court orders physical custody of child back to father
A mother has lost primary physical custody of her daughter after the Indiana Court of Appeals decided on Thursday to reverse and remand a decision that would have taken the daughter out of the custody of her father and instead place her in the primary custody of her mother.
Opinions Sept. 8, 2016
Indiana Court of Appeals
Thomas A. Carpenter, et al. v. The Cincinnati Specialty Underwriters Insurance Company
33A01-1602-CT-265
Civil tort. Affirms summary judgment and declaratory judgment in favor of Cincinnati Specialty. It had no obligation to make payments under a consent judgment in which Carpenter and Cincinnati’s insured, Lovell’s Lounge, agreed Carpenter’s injuries were caused by Lovell’s Lounge’s negligence or that Lovell’s was vicariously liable for injuries Carpenter sustained when he was punched in the jaw by patron Jerry Dean Johnson. Finds the consent judgment was obtained by bad faith or collusion, collateral estoppel does not apply, and CSU is not bound by the consent judgment.
Bad-faith deal after bar assault clears insurer
Trial court rulings in favor of an insurer finding it had no duty to pay the victim of a punch in the jaw at a New Castle bar were affirmed Thursday. The Indiana Court of Appeals ruled a consent judgment between the tavern, the victim, and the man convicted of the crime was executed in bad faith.
COA finds notice on out-of-state parties sufficient to affirm
Lawyers for a man injured in a crash involving a tractor-trailer sufficiently served the truck driver and the transport company, the Indiana Court of Appeals ruled Thursday in affirming a default judgment in favor of the injured driver.
Tax Court stands by lower assessment basis for big-box store
Indiana Tax Court rejected a county assessor’s appeal of the slashed assessed valuation of a department store, forcefully affirming that large retailers may base their assessments on the sale prices of similar vacant or “dark” retail store properties.
Builder’s statute of limitations defense prevails in COA
The Indiana Court of Appeals reversed summary judgment in favor of construction supplier on its breach of contract claim against a builder to which it provided a line of credit. The appellate court agreed with the defendants' claims that the lawsuit was time-barred.
COA reverses resisting law enforcement convictions based on video evidence
The Indiana Court of Appeals has overturned convictions of mistreatment of a law enforcement animal and resisting law enforcement after finding that law enforcement officers’ testimony in the case was in direct contrast to video evidence.
Biden, Supreme Court nominee on Hill to pressure GOP
Judge Merrick Garland found himself back on Capitol Hill on Thursday in a familiar place — meeting with a Democratic senator who complained about Republicans' inaction on President Barack Obama's Supreme Court nominee.
I-69 developer’s missed payments ignites dispute
A southern Indiana mayor blamed Republican Gov. Mike Pence's administration on Wednesday for allowing a private developer to fall behind in payments to subcontractors, leading to a work stoppage on a new section of the Interstate 69 extension project.
EPA adds Indianapolis groundwater plume to priority list
The U.S. Environmental Protection Agency on Wednesday added an 18-acre contaminated groundwater site on the west side of Indianapolis to the National Priorities List of Superfund sites.