Indiana Court decisions – July 15-Aug. 1, 2018
Read Indiana appellate decisions from the most recent reporting period.
Court opinions
Articles
COA allows Indiana-Arkansas breach of contract dispute to continue in Indiana
A breach of contract dispute between business owners in Indiana and Arkansas will continue in Indiana courts after the Indiana Court of Appeals reversed the dismissal of the Indiana-filed complaint for lack of personal jurisdiction.
7th Circuit upholds brother’s liability for $7 million judgment
A caustic business dispute between brothers has resulted in one brother being held personally liable for a $7 million judgment after the 7th Court of Appeals found his conduct supported a piercing the corporate veil judgment against him.
COA: 4th Amendment rights not violated by search of home
The Indiana Court of Appeals determined that a man’s Fourth Amendment rights were not violated during a search of his residence because law enforcement had ample reason to believe he was at the residence.
COA rules statute of limitations, contradictory testimony supports summary judgment entry
A time-barred complaint and contradictory statements made by a woman who claimed her privacy was violated during her knee-replacement surgery led the Indiana Court of appeals to affirm summary judgment for six defendants in a medical invasion of privacy case.
Marion County Jail beating lawsuit proceeds
A judge has refused to dismiss a federal lawsuit in which a man claims guards at the Marion County Jail stomped and beat him, leaving him with broken ribs, then refused to allow him to file a grievance.
COA: Filing errors don’t reverse probation revocation
Errors made in petition filing made by a deputy prosecutor rather than the director of a community corrections program were not sufficient to reverse the revocation of a man’s probation, the Indiana Court of Appeals determined Wednesday.
COA: Accident affirmation in baby’s death upholds conviction
An Indianapolis man’s conviction for causing the death of his infant daughter will stand after the Indiana Court of Appeals rejected his argument that the evidence of him placing a pillow over the baby should not have been admitted at trial because he never affirmatively said her death was an accident.
Attorney homeowner loses appeal in historic-area zoning case
A downtown Indianapolis homeowner and attorney lacked standing to petition for judicial review of variances granted to build condominiums, duplexes and a retail space across the street from his home, the Indiana Court of Appeals ruled.
Reversal: Plasterer union’s ‘alter ego’ lawsuit reinstated
A union lawsuit alleging that a family plastering business invented an “alter ego” to dodge a judgment against it of nearly $200,000 was reinstated Tuesday by the 7th Circuit Court of Appeals.
Attorney awarded $150K for infringement of Indy photo
An Indiana attorney and hobbyist photographer who has sued dozens of people for the unauthorized use of a copyrighted image has been awarded more than $150,000 for the willful infringement of his photo of the Indianapolis skyline.
Attorney fees unwarranted in tax sale appeal
The Indiana Court of Appeals found that despite strictly complying with procedural rules, the flaws in a tax case were not egregious enough to award appellate attorney’s fees.
CASAs may seek termination of parental rights without DCS
The Indiana Court of Appeals ruled Tuesday that court-appointed special advocates have the statutory authority to prosecute a petition to terminate parental rights, even when the Department of Child Services opposes the termination.
Man convicted of bogus liens on judges loses appeal
A man who used the sovereign citizen tactic of filing phony liens against multiple Indiana federal judges lost his appeal Monday. The 7th Circuit Court of Appeals affirmed Brent A. Swallers' conviction of filing a false lien and encumbrance against a federal judge
Appeal rejected in plot targeting Noblesville lawyer
A woman's appeal of her federal guilty plea in a murder-for-hire case targeting a Noblesville attorney was dismissed by the 7th Circuit Court of Appeals in a case the panel said resembled “the plot of a mediocre novel.”
7th Circuit rejects Indiana immigrant’s appeal of removal orders
Finding arguments in his case “meritless,” the 7th Circuit Court of Appeals denied an Indiana immigrant’s petitions for review of removal orders issued by the Board of Immigration Appeals.
Drug dealer who kidnapped stripper’s siblings loses appeal of life sentence
A Detroit drug dealer who orchestrated the Indianapolis kidnapping of the minor brother and sister of a stripper who stole from him will spend the rest of his life in prison, the 7th Circuit Court of Appeals affirmed Thursday.
COA rules for insurer in 2011 truck crash that killed 3
An insurance company owes no common law or assumed duty to parties injured or killed in a crash caused by a truck driver who knowingly operated a vehicle with faulty brakes, the Indiana Court of Appeals ruled Wednesday.
Lawyer’s ‘series of unfortunate events’ no help in dismissal appeal
A water-damage negligence suit that lacked docketed activity for about two years was rightly dismissed for failure to prosecute, the Indiana Court of Appeals ruled Wednesday.
Gun conviction involving testimony of daughter, 6, affirmed
An Indiana man’s federal conviction of two counts of being a felon in possession of a firearm was affirmed over his challenge of the evidence against him, which included testimony from his 6-year-old daughter.