Indiana Court decisions – Feb. 15-28, 2018
Read Indiana appellate court decisions from the latest reporting period.
Court opinions
Articles
Court of Appeals again reverses, finds for New York lender
In a second dispute involving an Indiana business, a New York company, stopped payments and cognovit notes, the Indiana Court of Appeals has again reversed and found in favor of EBF Partners.
Court finds man with multiple addresses still lived at home
The Indiana Court of Appeals affirmed summary judgment in favor of the estate of a man who died in South Bend, lived and worked in Chicago, but considered his principal residence to be his parents’ home.
Judgment for lender in student loan case reversed
A Warrick County man won his appeal in a student loan dispute after the Indiana Court of Appeals determined the alleged holder of his son’s student loan failed to prove it was entitled to an $18,000 summary judgment ruling.
COA reinstates New York judgment against Indiana business
The Indiana Court of Appeals has reversed a decision to set aside judgment in favor of a New York company serving as a creditor to an Indiana business, finding Indiana law regarding cognovit notes cannot supersede the Full Faith and Credit Clause in a dispute over a New York judgment.
High court: Detained immigrants not entitled to bond hearing
The Supreme Court of the United States says immigrants the government has detained and is considering deporting aren’t entitled by law to a bond hearing after six months in detention and then every six months if they’re still being held.
Week after argument, justices uphold denial of continuance, sentence
A Floyd County man convicted of attempted residential entry and resisting law enforcement lost his appeal of his sentence and the denial of his motion for a continuance. The Indiana Supreme Court upheld the trial court’s ruling only one week after hearing oral arguments in the case.
Court rules for Amazon worker denied long-term disability
An insurance company’s denial of a long-term disability claim has been remanded by Jane Magnus-Stinson, chief judge for the U.S. District Court for Southern District of Indiana, who called the rejection “unreasonable.”
Supreme Court sides with Chicago museum in terror case
The Supreme Court is preventing survivors of a 1997 terrorist attack from seizing Persian artifacts at a Chicago museum to help pay a $71.5 million default judgment against Iran.
Dodd-Frank whistleblower protection narrow, justices rule
The Supreme Court ruled Wednesday that whistleblower protections passed by Congress after the 2008 financial crisis only apply to people who report problems to the government, not more broadly.
Indiana Court decisions – Feb. 1-14, 2018
Read Indiana appellate court decisions from the latest reporting period.
Supreme Court upholds LWOP for execution-style murder
A southern Indiana man convicted of murder in the shooting death of a man at a power plant will spend the rest of his life in prison after the Indiana Supreme Court upheld his sentence of life without parole.
Appellate court upholds attorney fees in CAFO dispute
An Indiana trial court properly awarded attorney fees to two livestock organizations that consulted on the construction of a Hendricks County feeding operation, the Indiana Court of Appeals ruled in an opinion that also found the subpoenas issued to the organizations were overly broad.
COA upholds summary judgment to Tipton Schools
A central Indiana school corporation was properly granted summary judgment on a parent’s negligence claims, the Indiana Court of Appeals ruled Wednesday, determining the corporation was immune under the Indiana Tort Claims Act.
COA upholds adoption without mother’s consent
In a case a judge said represents “how substance abuse is savaging the familial bonds within Indiana and around the country,” the Indiana Court of Appeals upheld the adoption of a southern Indiana child without the mother’s consent after finding the mother’s substance abuse made her unfit.
COA upholds Kentucky man’s conviction for killing Indiana teen
A Kentucky man convicted in the shooting death of an Indiana teen lost his appeal of his murder conviction after the Indiana Court of Appeals found sufficient, properly obtained evidence to support his conviction.
COA affirms reversal of juvenile firearm adjudication
The Indiana Court of Appeals has upheld its decision to dismiss a firearm-related adjudication against a juvenile after granting the state’s petition for rehearing to address what the court called a fundamental misunderstanding of its original decision.
Indiana Court Decisions — Jan. 17-31, 2018
Read Indiana appellate court decisions from the latest reporting period.
COA reverses judgment for Penske dealer, rules for buyer
A Maryland man who sued an Indianapolis auto dealer for fraud successfully overturned the grant of summary judgment in favor of the dealer, with the Indiana Court of Appeals instead ordering summary judgment for the man on Thursday.
Mother’s 40-year sentence for molesting son upheld
A Tippecanoe County mother who pleaded guilty to molesting her infant son will serve out her 40-year sentence after the Indiana Supreme Court granted transfer to her case and affirmed her sentence Wednesday.