The owner of a Westfield warehouse is entitled to recover the costs of removing abandoned property in addition to unpaid rent after a tenant defaulted on lease payments, the Indiana Court of Appeals ruled Wednesday in a partial reversal. The cost of removal is twice the unpaid rent, according to the ruling.
Read Indiana appellate court decisions from the most recent reporting period.
The Indiana Court of Appeals has vacated an order requiring an Edinburgh antique store to leave its place of business, finding an agreement between the store and the real estate’s owner was a land sale contract and not a lease subject to an eviction proceeding.
The Indiana Supreme Court will hear oral argument this week in a criminal expungement case that has previously divided the Indiana Court of Appeals about when the trigger date for five-year expungement waiting periods should begin.
A man who filed a medical malpractice claim against a doctor and hospital following his surgery for a herniated disc could not convince the Indiana Court of Appeals that he should be permitted to amend his complaint and add a federal claim.
The Indiana Court of Appeals has affirmed the exclusion of real estate and an internet service provider company from the marital assets of a couple in their divorce proceedings, agreeing with a trial court that the challenged assets were actually the property of the husband’s parents.
Indiana’s attempt to impose work requirements on some Medicaid recipients likely suffered a setback Feb. 14 when an appellate court ruled that similar mandates in Arkansas fell outside the core objective of the federal health care program.
Indiana Supreme Court
Collins Asset Group, LLC v. Alkhemer Alialy|
19S-CC-531
Civil collection. Reverses and remands the Hamilton Superior Court’s dismissal of a complaint brought by Collins Asset Group LLC for missed payments on a promissory note entered into by Alkhemer Alialy. Finds that CAG can assert its claim under either Ind. Code § 34-11-2-9 (2019) or § 26-1-3.1-118(a) (2019).
The Indiana Supreme Court on Monday reversed the dismissal of a complaint brought for missed payments on a promissory note, finding the lender’s claim is timely.
The Indiana Supreme Court has affirmed a trial court’s order that foreclosed a couple’s interest in two mortgaged properties, concluding that the lender filed suit against the borrowers within the applicable statutes of limitations.
A panel of appellate judges has reversed and remanded the grant of a former Crawford County employee’s untimely motion for extension in a lawsuit alleging that she failed to withhold employee insurance contributions from her own paycheck.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
Brandi Lutes v. United Trailers, Inc.
19-1579
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller.
Civil. Affirms in part and reverses in part the district court’s entry of summary judgment for United on the estate of Buddy Phillips’ wrongful termination claim. Affirms judgment for United on Phillips’ retaliation claim but reverses and remands for proceedings on his claim of interference with his rights under the Family and Medical Leave Act.
A divided Indiana Court of Appeals has permitted a man to prosecute his complaint against an Indianapolis Metropolitan Police Department employee who crashed into his vehicle. The appellate majority concluded the extreme remedy of dismissal for failure to prosecute was not warranted in the case.
The city of Fort Wayne is entitled to tax revenues for providing fire protection services to annexed land in Allen County, but past revenues will stay with the original fire protection district that served the area before the annexation, the Indiana Court of Appeals ruled Friday. A dissenting judge, however, questioned whether the case should have proceeded in the Indiana Tax Court instead.
A child molester obtained no relief Friday in his appeal that challenged everything from the seating of jurors to the nine-year executed sentence imposed on him after he was convicted of sex crimes against an 8-year-old girl.
A trailer factory worker’s lawsuit against the employer who fired him after he sustained a broken rib was partially reinstated by the 7th Circuit Court of Appeals, which found there may be evidence the company interfered with his rights under the Family and Medical Leave Act.
The majority of a divided Indiana Court of Appeals panel has reversed the admission of drug evidence obtained from a pat-down search after a traffic stop, finding officers lacked a reasonable belief that the driver was armed and dangerous.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday.
DeWayne Perry v. Richard Brown
19-1683
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Vacates the Southern District Court’s ruling that equitable tolling is only possible when an “external obstacle” impeded timely filing. Finds the district court needs to determine whether a brain injury caused DeWayne Perry’s delay in seeking habeas review under 28 U.S.C. §2254, and if so whether circumstances as a whole justify equitable tolling. Finds Perry’s medical condition could frustrate his ability to gather and present such evidence on his own, therefore making it appropriate for the district court to appoint counsel to assist him. Remands for proceedings.
Questions about whether a man’s brain injury caused his delay in seeking review in his case should be determined by the Southern District Court, and if so, whether the circumstances collectively justify the use of equitable tolling, the 7th Circuit Court of Appeals ruled Wednesday.
Indiana Court of Appeals
Monika Schmidt v. Allstate Property and Casualty
19A-CT-01489
Civil tort. Reverses the Johnson Superior Court’s grant of Allstate Property and Casualty Insurance Co.’s motion for summary judgment on Monika Schmidt’s bad faith claim and its finding that an insurer does not owe a duty of good faith and fair dealing to an insured who is not the policyholder. Finds the trial court erred in granting summary judgment on that basis. Remands for further proceedings on Schmidt’s bad-faith claim, including her motion for sanctions and contempt.