Reversal: Facebook post is defamation, merits damages
A southern Indiana woman who lashed out at her late boyfriend’s mother on Facebook must pay the consequences, which the Indiana Court of Appeals said Tuesday include monetary damages.
Court opinions
Articles
Divided COA: Workers’ comp insurance policy data confidential
A split panel of the Indiana Court of Appeals affirmed a trial court ruling that data the state collects on workers’ compensation insurance is confidential, but a dissenting judge called the majority’s decision “an open invitation to erode the transparency of governmental affairs.”
COA reversal: Trial court error would have doubled estate’s obligation
A trial court order in an intergenerational trust dispute was reversed Tuesday by the Indiana Court of Appeals, which held the court clearly erred in a ruling that would have obligated an estate to pay twice the amount it received from a prior trust.
7th Circuit denies relief for man who killed stepmom at 17
A 17-year-old whose jailhouse confession to his mother that he killed his stepmother was secretly recorded by detectives, who testified about the incriminating statement at his trial, lost his federal habeas appeal Monday after the 7th Circuit Court of Appeals upheld his sentence.
Supreme Court: Community Corrections can’t revoke good time credit
Directors of community corrections programs do not have authority to revoke inmates’ good time credit as a disciplinary measure because the Indiana Department of Correction has not yet delegated that authority to community corrections programs, the Indiana Supreme Court ruled Friday. The decision reversed rulings in the trial court and Court of Appeals.
Judge rules against workers in ‘popcorn-lung’ lawsuit
A federal judge Wednesday ruled against 27 workers who claimed they suffered respiratory injuries from exposure to a microwave popcorn butter flavor ingredient that has been linked to lung disease in the manufacturing process.
COA: Plea deals can’t waive right to sentence modification
Offenders who enter into plea agreements cannot waive future sentence modification under the plain language of a reform passed in 2014, the Indiana Court of Appeals held Thursday.
Justices affirm Evansville SWAT drug arrest that split COA
The Indiana Supreme Court on Wednesday unanimously affirmed drug convictions against an Evansville man who challenged a “military-style” SWAT team raid on his house that turned up cocaine, marijuana and prescription painkillers. The convictions previously were reversed in a divided opinion of the Indiana Court of Appeals that was vacated when justices granted transfer.
Court reverses ruling for city, finds for massage parlor landlord
A commercial landlord sued by the city of Indianapolis after his ex-tenant was accused of committing unlawful acts in an unlicensed massage parlor beat city hall Wednesday at the Indiana Court of Appeals.
Despite concerns, appeals court upholds finding claims against stepbrother barred
Though the Indiana Court of Appeals had “significant concerns” about the transfer of trust assets in a dispute between stepsiblings, the appellate panel affirmed the trial court’s decision in favor of the stepbrother after finding his stepsister’s claims were barred by the statute of limitations.
Statute of limitations squashes lawsuit against Vanderburgh County officials
A motorcyclist who sought damages for injuries he sustained while being detained in the Vanderburgh County Jail lost his appeal of his lawsuit, which the trial court tossed for not giving notice of the lawsuit before the statute of limitations expired.
COA rejects commercial court challenge, rules against worker
While an Indiana commercial court failed to provide sufficient notice to a worker who was being sued by his former employer that sought to enforce a noncompete agreement, the Indiana Court of Appeals found the worker had waived his argument and affirmed a resulting injunction barring him from a new job at a competing company.
COA: Man cannot challenge ‘sexually violent predator’ designation
A man who pleaded guilty to felony child molesting pursuant to a plea agreement cannot challenge his requirement to register as a sexually violent predator, which was not a term of the agreement, because an SVP designation is a statutory mandate, the Indiana Court of Appeals ruled Friday.
COA withdraws footnote, reaffirms order for state to return seized currency
The Indiana Court of Appeals has reaffirmed its decision ordering the state to return $30,000 in seized currency after granting rehearing Friday for the limited purpose of withdrawing a footnote.
7th Circuit: Insurance company had no duty to defend, indemnify bank
A Mississippi-based bank that was sued for charging excessive overdraft fees was not entitled to coverage under its insurance policy because the policy specifically excluded claims arising from fees or charges, the 7th Circuit Court of Appeals has ruled.
COA upholds child molesting conviction despite yearslong delay in bringing charges
The Indiana Court of Appeals has upheld a man’s felony conviction for molesting his ex-girlfriend’s daughter after determining the man failed to prove that an eight-year delay in the filing of the charges against him violated his due process rights.
COA: trial court skipped step in land dispute
In defusing a property battle among neighbors, the Indiana Court of Appeals has instructed the trial court to order a land survey that includes durable markers.
High court vacates portion of puppy mill opinion relating to subject matter jurisdiction
After granting transfer to clarify how a “clerical error” affected the citations in a June opinion from the Indiana Court of Appeals, the Indiana Supreme Court upheld the portion of that decision that relieved a former Indiana Attorney General’s Office attorney of a $15,000 judgment against him.
COA rejects town’s request to annex territory for possible property development
The Indiana Court of Appeals has ruled against a northern Indiana lakefront town seeking to annex roughly 2,800 acres for “potential” economic development, finding the town failed to prove the annexation was needed and could be used for development.
COA: Bank that sold property to itself entitled to summary judgment
A northern Indiana bank that took deed of a property in lieu of foreclosure and sold the property to itself was entitled to summary judgment on the owner’s claims of fraud and breach of agreement, the Indiana Court of Appeals ruled Wednesday after finding those claims were “wholly without merit.”