Court sets drug-court termination requirements
An Indiana Court of Appeals ruling today sets requirements for drug court terminations after a man’s participation was
terminated without minimum due process.
Civil Case
Articles
Justices rule on case about worker’s compensation, damages
Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered
guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining
punitive damage awards.
Attorneys say ruling confuses discovery regarding expert materials
A liability lawsuit filed by the victims of a water-heater explosion a year after the May 2004 blast has erupted in its own
metaphorical explosion of discovery disputes.
7th Circuit addresses contempt proceedings, judicial safety
A federal appeals judge from Indianapolis penned a 7th Circuit Court of Appeals decision today that touches on free speech,
judicial safety, and contempt proceedings that stem from a case against a well-known radio personality and infomercial salesman
who promotes natural cures and alternative medicine.
Mom may be liable for daughter’s accident
The Indiana Court of Appeals judges agreed that a mother may possibly be liable for her daughter’s accident in which
she struck a pedestrian with her car after drinking and talking on her cell phone at the time of the accident. The judges
didn’t completely agree as to why the mother may be liable.
Suit filed after statute of limitations end
The Indiana Court of Appeals reversed summary judgment for a company that purchases and collects charged-off credit card debt, ruling the statute of limitations prevented the company from going after a delinquent consumer.
Circuit Court upholds attorney-fee reduction
The 7th Circuit Court of Appeals wasn't swayed by an attorney's arguments that the amount of attorney's fees he was entitled to shouldn't have been reduced by nearly $90,000.
COA upholds eviction action
A trial court properly treated a couple's action against the man who agreed to purchase a house from them
as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of
a pre-closing possession agreement like the one in the instant case.
Law clear only guarantor’s signature needed
The Indiana Court of Appeals ruled on a guaranty issue today that is "so well-settled" in state law that the judges had difficulty finding recent cases restating it.
Appellate court upholds guardian appointment
The Indiana Court of Appeals affirmed the appointment of a third-party guardian for an incompetent adult because a disinterested person may hopefully prevent unnecessary disputes caused by mistrust between the woman's children and husband.
COA split on whether company can repurchase stock
A panel of Indiana Court of Appeals judges disagreed as to whether a company's attempt to exercise its option to repurchase stock had occurred in a timely manner under a shareholders' agreement.
Man didn’t timely file petition to reopen estates
A trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because he failed to timely file his petition, the Indiana Court of Appeals affirmed.
Justices disagree about evidence issue
Indiana Supreme Court Chief Justice Randall T. Shepard didn't agree with his colleagues' decision that a defendant couldn't introduce evidence to dispute the judgment of an injured plaintiff's medical providers in choosing certain treatment.
Judges reverse protection order
A protection order under Indiana Code Section 34-26-5 against a woman should not have been issued because there was no evidence of domestic violence, stalking or a sex offense as required by statute, the Indiana Court of Appeals ruled today.
Couple not a ‘successful party’ in settlement
Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney
fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
Judges disagree on retroactive support issue
In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
Judges split on duty owed to injured teen
A majority on the Indiana Court of Appeals affirmed summary judgment for a golf course, golf scramble organizers, and golfer in a teenager's suit after she was hit with a golf ball. Today's decision also expanded language from a previous ruling involving the duty to prevent injury to sports participants to now include sporting event volunteers.
COA: No presumption of undue influence
A 2005 amendment to Indiana Code sets aside the common law presumption of undue influence with respect to certain transactions
benefiting an attorney in fact, the Indiana Court of Appeals ruled today on an issue of first impression.
Justices rule on casino land-ownership dispute
A land-ownership dispute about an Ohio River riverboat-casino docking site is the subject of an Indiana Supreme Court ruling today, touching on land deeds from the 1800s and who had the right to use and give away ownership of less than an acre of land.
FMLA leave doesn’t accrue hours for benefits
The 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical
leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.