Judge dissents in eviction case
There is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction or repossession of a private party, according to an Indiana Court of Appeals judge.
Civil Case
Articles
COA allows woman to establish maternity
The Indiana Court of Appeals reversed the denial of an agreed petition to establish paternity and maternity of a child who was born of a surrogate, finding equitable relief should allow the biological mother to establish she is in fact the baby's biological mother.
Dad who took son owes arrearage to mom
The Indiana Court of Appeals split today in its decision of who should receive back child support payments from a father who kidnapped his son for 16 years before turning himself in when the son was 23 years old.
All elements of ‘fair value’ must be considered
Although there isn't any Indiana caselaw detailing how the shares held by dissenting shareholders are to be appraised, the Indiana Court of Appeals adopted the view that trial courts should consider all possible elements of the present value of the corporation on the valuation date, including the company's possible future plans.
7th Circuit: expenses were capital expenditures
An Indianapolis-based health insurer can’t deduct its settlement payments or legal expenses from the litigation because the insurer’s payments were actually capital expenditures, the 7th Circuit Court of Appeals affirmed today.
Company not bound by defiant agent’s actions
A trial court erred in finding that a company was bound by its insurance agency's acts even though the agency
acted against the company's wishes, the Indiana Court of Appeals ruled today.
High court adopts COA opinion in billing dispute
The Indiana Supreme Court granted transfer Wednesday in a dispute over who bears the burden to prove "pecuniary liability" under the Worker's Compensation Act, and adopted the Indiana Court of Appeals' opinion on the matter.
Immunity extends to underlying diagnoses
In a matter of first impression, the Indiana Court of Appeals concluded that a hospital's statutory immunity for reporting suspected child abuse to authorities extends to its underlying diagnosis.
COA: Parole revocation not unconstitutional
The Indiana Court of Appeals affirmed that the decision to revoke a defendant's parole because he refused to take a polygraph test wasn't based on an impermissible ex post facto application of state statute.
Opinion explains use of supplemental evidence
In affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code Section 36-7-4-1009.
Opinion invites high court to reconsider decision
The Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound by the high court's previous ruling.
High court splits in hospital negligence suit
The Indiana Supreme Court split on whether a hospital was negligent in letting a woman with injuries possibly caused by domestic violence leave with her alleged abuser, who killed her on the way home after being discharged.
Court rules on agency record appeals
In two separate opinions, the Indiana Court of Appeals tackled the issue of timely and complete filing of an agency record.
Jury instruction requires new damages trial
A jury instruction the Indiana Court of Appeals found to incorrectly state the law required the court to remand for a new trial on damages in a negligence suit.
Insurer must provide underinsured coverage
An insurance policy that doesn't provide uninsured or underinsured motorist coverage to all insureds is contrary to public policy based on Indiana statute, affirmed the Indiana Court of Appeals.
Casino wins compulsive gambling appeal
Casinos don't have a common law duty to protect compulsive gamblers from themselves, and aren't required to refrain from trying to entice those people into their establishments, the Indiana Court of Appeals ruled today in a matter of first impression.
Some Lake civil cases go to random filing
Attorneys opening new civil cases in Lake County should note that a new random filing system is being put in place, a plan described as the most extensive use of this in the county's history.
Judges: Town ordinance invalid
The Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the authority to collect the fee within its corporate limits.
COA rules on first impression lemon-law issue
The Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem.
Inmate’s complaint dismissed again
An inmate's complaint, which led the Indiana Supreme Court to find the Three Strikes Law to be unconstitutional last year, was properly dismissed under the Frivolous Law Claim by the trial court on remand, the Indiana Court of Appeals ruled today.