Panel disagrees in admitting expert testimony
The Indiana Court of Appeals ruled today that a trial court didn't err in allowing into evidence an injured woman's testimony about medical tests and the cause of her pain.
Civil Case
Articles
BMV policy needed to prevent identity theft
The inconvenience of a few Hoosiers outweighs the very real threat of identity theft, so the trial court was correct in denying a preliminary injunction against the Bureau of Motor Vehicle's verification of records using Social Security Administration data, the Indiana Court of Appeals ruled today.
Court reverses interstate surrogate adoption
The Indiana Supreme Court reversed an adoption order granted to a New Jersey man of twin girls born by a surrogate in Indianapolis, ruling the Indiana trial court failed to comply with the Interstate Compact on the Placement of Children.
Judges differ in non-compete agreement case
In a legal dispute regarding a non-compete agreement, the Indiana Court of Appeals judges disagreed as to whether the agreement could be enforced if the former employee's clients voluntarily left and contacted him to continue to be their accountant.
Court tackles scope of ‘frivolous’
The Indiana Court of Appeals today used an inmate's appeal of the dismissal of his complaint to address the scope of the word "frivolous" in Indiana's Frivolous Claim Law. And even though this inmate has filed dozens of law suits since being incarcerated, it doesn't mean his suits can be automatically deemed frivolous by the trial courts.
Outside accounting ordered in LLC dissolution
The Indiana Court of Appeals reversed a judgment in favor of one of the owners of a dissolved LLC, finding the trial court erred when it entered judgment against the other owner personally without ordering an outside accounting of the company's finances.
COA disagrees on damages to bidder
Indiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for work at a state-run hospital based on fraudulent information from another bidder.
Justices dismiss public school funding case
Even if Indiana's public school system falls short of where it should be in providing quality education, courts aren't constitutionally able to set standards or establish a financing formula because that's a task falling solely to the General Assembly.
Man loses gender discrimination appeal
A federal appellate panel has upheld a U.S. District judge's decision against a man who alleged he's the victim of gender discrimination for being fired from St. Francis Hospital on claims he accessed inappropriate Web sites while at work.
Court rules on transfer to California court
The Indiana Supreme Court affirmed a trial court's decision to relinquish its jurisdiction over child support matters to a California trial court. In its opinion, the high court examined the interplay between the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act.
COA: Home isn’t allowed in marital estate
Even though a trial court believed a wife's testimony that her in-laws' purposefully kept her from receiving any money from the sale of the marital residence in the event of a divorce, the lower court erred by including the residence in the marital estate, ruled the Indiana Court of Appeals.
Order that law firm pay attorney fees reversed
The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.
Lawyer entitled to $1.05 million default judgment
The Indiana Court of Appeals affirmed a default judgment in favor of an Indiana attorney because an Illinois attorney demonstrated "contumacious disregard" for a trial court's orders.
Sidewalk 6 trial off; judge to decide penalty
Less than a week before a state civil racketeering trial was set to begin, a former East Chicago mayor and one of his closest aides have waived their right to defend themselves before a jury in court.
Putative dad can file paternity petition for child
The Indiana Court of Appeals has ruled that although a putative father's paternity petition should be dismissed, he could proceed as the next friend of the alleged daughter in her paternity petition.
Judges question earlier Circuit holding
A decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.
Court affirms judgment in school district’s favor
The 7th Circuit Court of Appeals affirmed summary judgment in favor of Indianapolis Public Schools in a copyright infringement case, but first had to decide whether it could proceed on the merits.
Summary judgment affirmed for dairy farm
The Court of Appeals affirmed summary judgment in favor of a confined feeding operation in a dispute between the dairy farm and its neighbor over a tract of land and the impact of the farm on the neighbor's property.
Judges differ on application of high court ruling
An Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint accounts because he believed an Indiana Supreme Court decision was binding in the case.
Court rules on tort claims and wrongful death
The Indiana Supreme Court tackled the issue of the interaction of the statute of limitations provision under the state's Wrongful Death Act and the statute of limitations provision for an underlying substantive tort claim in two opinions released Dec. 24.