Cloverdale Holiday Inn wins easement dispute over signage
A Putnam County flooring business couldn’t win against a neighboring hotel in an easement dispute involving a sign the company argued was a burden to its property.
Civil Case
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COA: Bar in Franklin had duty to protect patron after being told of prior altercation
BoJak’s Bar and Grille owed a duty to a patron who was “sucker punched” by another patron even after warning bar security about tensions between the two men, the Indiana Court of Appeals ruled.
Reversal: Court must hold hearing on neighbor’s protective order request
A trial court must hold a hearing on a woman’s petition for a protective order against her neighbor, the Indiana Court of Appeals ruled Friday, finding the trial court erred by initially dismissing the petition alleging harassment without a hearing.
COA affirms relief from default judgment for defendant claiming identity theft
Default judgment against a man claiming to be the victim of identity theft in a criminal case was properly set aside, the Indiana Court of Appeals ruled Monday. The court held that the man was not required to provide a factual basis for his defense in the initial stages of the proceeding.
COA affirms for Michigan City in property fraudulent transfer dispute
An appellate panel has sided with a northern Indiana city involving its attempts to satisfy default judgments against a family for incurred and future investigation and remediation costs associated with a property they own where a manufacturing facility was once located.
Supreme Court cuts back FTC power to seek ill-gotten gains
A unanimous Supreme Court on Thursday cut back the Federal Trade Commission’s authority to recover ill-gotten gains, overturning a nearly $1.3 billion award against a professional race car driver who was convicted of cheating consumers through his payday loan businesses.
COA: No duty owed to couple struck by drunk driver in grocery store parking lot
A Sullivan County grocery store’s landlord had no duty to protect a couple from being struck by a drunk driver on its premises, the Indiana Court of Appeals concluded in a Monday decision.
Justices to hear in-person arguments next week
The Indiana Supreme Court will hear arguments in person next week in three cases, including a dispute over a missed hepatitis diagnosis and allegations of a breached settlement agreement.
Fired Anthem exec loses appeal of verdict for insurer
A jury verdict against a fired Anthem, Inc. executive will stand after the Indiana Court of Appeals declined to overturn the denial of the former insurance exec’s requests for a new trial.
Will dispute between siblings over family business assets remanded
A son who inherited the family business from his father must make his assets available for an appraisal after the Indiana Court of Appeals determined he may have received a “gift” subject to an abatement.
As in-person trials resume, Marion County courts struggle to get enough jurors to respond to summonses
Following a “drastic” move by the Indiana Supreme Court suspending in-person jury trials from mid-December to March 1, courts across Indiana are attempting to resume the hallmark proceedings of the American judicial system. But in Marion County, finding enough jurors to hold those proceedings has proven difficult.
Indiana asks SCOTUS to review mature-minors abortion law a second time
A case challenging an Indiana abortion law that requires “mature minors” to notify their parents before getting an abortion is back before the United States Supreme Court, with the state of Indiana asking the justices to take the case to provide clarity on a legal issue that it says caused the 7th Circuit to “(throw) up its hands in frustration.”
Justices agree to hear appeal in Menards negligence dispute
A ruling from the Indiana Court of Appeals that partially entered judgment in favor of a Menards store in a customer’s personal injury suit will go before the Indiana Supreme Court after the justices granted transfer to the case last week.
Justices decline to shield COVID-19 stimulus checks from creditors
The Indiana Supreme Court has denied a petition from several legal aid providers and social service organizations asking the justices to protect the latest round of stimulus checks from being scooped up by debt collectors.
Justices remand insurance dispute over ransomware attack coverage
Neither an insurer nor a claimant was entitled to summary judgment in a dispute over coverage of a ransomware attack, the Indiana Supreme Court has ruled, sending the case back to the trial court.
Judge limits evidence, refuses to move trial in Floyd death
A judge on Friday denied a defense request to delay or move the trial of a former Minneapolis police officer charged in George Floyd’s death after the announcement of a $27 million settlement for Floyd’s family raised concern about a tainted jury.
Report: Federal civil cases soared, criminal filings fell in 2020
In a year unlike any other, marked by an unrelenting pandemic and social unrest, the federal judiciary witnessed a dramatic surge in civil case filings while criminal matters sharply declined. The national trend, however, was not the experience of Indiana’s federal courts.
Biden administration won’t defend Trump immigration rule
A Trump-era immigration rule denying green cards to immigrants who use public benefits such as food stamps was dealt likely fatal blows Tuesday after the Biden administration dropped legal challenges, including before the Supreme Court.
Developer may water ski but not build dock on lakefront property, COA rules
A developer who sold his property in the lakefront subdivision he developed cannot now build a dock on that lake, even though he has lifetime rights to ski there, the Indiana Court of Appeals affirmed in a Tuesday opinion.
COA reverses, orders Tippecanoe County expungement
A man whose misdemeanors were expunged in two of three counties where he was convicted will now receive an expungement in the third county after the Indiana Court of Appeals reversed the trial court’s expungement denial. The appellate panel found in this case the trial court was compelled to grant the expungement.