Court rules on artificial insemination issues
A divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two children conceived by artificial insemination.
Civil Case
Articles
Justices order refunds in estate planning UPL case
The Indiana Supreme Court is shaking its proverbial finger at a company it found had engaged in the unauthorized practice of law, making it clear that the court’s orders must be followed or non-compliant litigants will be sanctioned.
Circuit Court reverses insurance case
The 7th Circuit Court of Appeals reversed summary judgment for an insurer on the issue of whether the commercial general policy covered faulty subcontractor work, citing a similar case recently ruled on by the Indiana Supreme Court. The Circuit Court also dealt with an issue surrounding umbrella policies for the first time.
Judge dissents in denial of rehearing
Indiana Court of Appeals Judge Margret Robb has issued a lengthy dissent from her colleagues’ denial to rehear a case involving the state’s patient compensation fund. After reviewing the case, she believed the appellate court shouldn’t have applied Restatement (Second) of Torts Section 323.
Court examines statute about paternity, child support
The Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.
High court denies rehearing
A split Indiana Supreme Court has denied rehearing a case involving faulty workmanship being covered under a commercial general liability policy.
Justices take 3 cases
The Indiana Supreme Court has granted transfer to three cases, including one of first impression involving Indiana’s victim-advocate privilege.
Justices split over IHSAA athlete eligibility ruling
Indiana’s justices couldn’t agree on whether they should even rule on a case involving an athlete’s eligibility in high school when the girl is now playing college basketball.
Justices vacate adoption decree
The Indiana Supreme Court ordered the adoption decree granted to paternal grandparents be vacated because they didn’t perform a diligent search for the biological mother.
Judges affirm complaint is time-barred
Although a trial court shouldn’t have adhered to its local rule because it failed to achieve “the ultimate end of orderly and speedy justice,” the Indiana Court of Appeals affirmed the lower court’s finding that a woman’s claim against her deceased husband’s former employer was time-barred.
COA rules in favor of national organization in dispute over church property
The Indiana Court of Appeals was faced with an issue between a Vanderburgh County church and its former national organization involving what happens to the local church property once the local church defected to another Presbyterian organization.
Judges split on construction manager’s duty to injured worker
An Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally alter contracts” dealing with safety on jobsites.
COA rules in favor of town on breach of contract claim
The Indiana Court of Appeals reversed partial summary judgment to a city that collected a lower monthly bill rate than what was required for wastewater treatment from a town for 15 years and then sued to recover more than $500,000 it believed was owed to it. The city never informed the town the sewage treatment rate increased or that it was embroiled in a lawsuit over the matter.
7th Circuit order changes wording in public-records opinion
In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”
Sale to trust creates first impression
A sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression for the Indiana Court of Appeals Monday.
Court splits on duty owed by independent contractor
An Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an “impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was injured.
Social-services recipients entitled to injunctive relief
The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.
COA: Man’s intoxication doesn’t prevent recovery
The Indiana Court of Appeals reversed summary judgment in favor of a bar because the trial court was incorrect in ruling that an injured man’s voluntary intoxication precluded any recovery under the Dram Shop Act.
Court orders attorney’s fees following bad faith appeal
The Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to the estate.
Appellate court upholds enforcing settlement agreement
The Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement, finding the parties agreed to the essential terms resolving the issues between them.