Indiana Court Decisions – Dec. 18-31, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
COA reverses for insurance company, against quadriplegic man
An Indiana Court of Appeals panel has reversed the grant of a quadriplegic man’s motion to dismiss a declaratory judgment action after it found he was not entitled to bodily injury liability coverage under his insurance policy.
Opinions Dec. 31, 2019
Indiana Court of Appeals
Bayer Corporation, et al. v. Rene Leach, et al.
19A-CT-00625
Civil tort. Affirms the Marion Superior Court’s denial of Bayer Corporation’s motion for judgment on the pleadings against Rene Leach and 30 other women who allege they were injured by a medical device manufactured by Bayer. Finds the trial court did not err in declining to enter judgment on the pleadings.
Bayer’s appeal rejected in Essure birth control device lawsuit
A pharmaceutical giant sued by dozens of women who claim they were injured by the company’s permanent contraceptive device did not convince the Indiana Court of Appeals on Tuesday to grant its motion for judgment on the pleadings.
Opinions Dec. 30, 2019
7th Circuit Court of Appeals
Thomas Dennis Jr. v. Niagara Credit Solutions, Inc., et al.
19-1654
Appeal from the US District Court for the Southern District of Indiana, New Albany Division. Judge Richard L. Young.
Civil. Affirms judgment on the pleadings in favor of Niagara Credit Solutions defendants on Thomas Dennis Jr.’s complaint alleging violation of the Fair Debt Collection Practices Act. Finds the claims raised by Dennis meritless.
7th Circuit finds Indiana man’s debt collection claims ‘meritless’
A man who unsuccessfully sued a collection agency alleging the information provided in a letter violated the Fair Debt Collection Practices Act lost his appeal Monday, with a federal appeals panel finding his claims “meritless.”
Presumed dad’s paternity vacated, granted to true biological father
The Indiana Court of Appeals has vacated an order establishing paternity for man after genetic testing revealed he was not the biological father of a child he and the child’s mother claimed was his. Paternity was instead ordered for the child’s revealed biological father.
COA disqualifies school board member in residency challenge
A lawyer elected to Indianapolis’ Washington Township School Board is ineligible to serve, the Indiana Court of Appeals ruled in an unprecedented decision, removing the elected official because she does not live in the district she was elected to represent in 2018.
Opinions Dec. 27, 2019
Indiana Court of Appeals
Shane E. O’Keefe v. State of Indiana
19A-CR-1733
Criminal. Affirms Shane E. O’Keefe’s convictions of Level 4 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the pat-down search of O’Keefe’s person during a valid traffic stop was not a violation of the Fourth Amendment. Also finds the Vanderburgh Circuit Court did not abuse its discretion in admitting evidence obtained as a result of the search.
Civil forfeiture amendments don’t defeat prior forfeiture action, COA says
Legislative amendments to Indiana’s much-debated civil forfeiture scheme did not defeat a pre-existing forfeiture action in state court, the Indiana Court of Appeals ruled Friday, finding the amendments did not constitute an ex post facto law.
COA: No Fourth Amendment violation in traffic stop search
A man convicted on drug charges after an Evansville traffic stop has lost his appellate argument that evidence of the drugs was wrongly admitted because the evidence came from an unconstitutional search.
Man injured in fireworks blast loses appeal for worker’s comp benefits
A man injured by a fireworks explosion lost an appeal for worker’s compensation benefits, with the Indiana Court of Appeals finding his story explaining how the mishap occurred a bit too farfetched.
Despite conflicting statutes, COA affirms juvenile gun adjudication
A juvenile dangerous possession of a firearm adjudication has been upheld by the Indiana Court of Appeals despite the finding that state statutes in play in his case are in conflict.
Reversal: Court wrongly denied evidence alleging guardianship mismanagement
A Boone County trial court wrongly rejected a husband’s effort to show that the guardianship for his wife was being financially mismanaged and should be terminated, the Indiana Court of Appeals ruled Thursday, finding the judge overseeing the case failed to properly notify him of regular accountings.
Father who abandoned twins at age 5 loses appeal over college support
A father who was found to have abandoned his twin sons when they were 5 years old after he divorced their mother was properly ordered to pay a share of his sons’ college expenses, the Indiana Court of Appeals ruled Thursday.
COA dismisses 4-year-old suit against nursing home
A woman who sued a Noblesville nursing home over her mother’s care that she claimed was negligent failed to persuade the Indiana Court of Appeals to reinstate her civil lawsuit.
Indiana Court Decisions – Dec. 5-17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Appellate court: Minor not ‘Indian child’ under ICWA
A father who argued his daughter was an Indian child under federal law during a termination of parental rights battle lost his appeal of the termination Monday, when the Indiana Court of Appeals upheld a ruling finding that the child’s tribe was not registered with the United States government.
COA vacates contempt finding in domestic battery case
Double jeopardy concerns led the Indiana Court of Appeals to vacate a contempt finding against a man facing a domestic battery charge, though his related domestic battery sentence was upheld.
Involuntary commitment affirmed for ‘gravely disabled and dangerous’ man
The Indiana Court of Appeals has affirmed the involuntary temporary commitment for a man found to be gravely disabled and dangerous to himself and others, finding clear and convincing evidence supported the finding.