COA: attorney fees and litigation costs allowed in child’s wrongful death
In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.
Court opinions
Articles
Split COA affirms northern Indiana utility rate increase
A northern Indiana utility company can increase its rates after a divided Indiana Court of Appeals held Tuesday that the Indiana Utility Regulatory Commission followed the appropriate statutory guidelines in approving the rate hike.
Treble damages upheld in stepmother’s conversion of safe deposit box funds
The Indiana Court of Appeals has affirmed a determination that a northern Indiana woman illegally converted the funds in the safe deposit box her husband shared with his adult children and that the children are entitled to treble damages.
Public outcry may be able to keep offensive trademarks at bay
While Monday’s decision from the Supreme Court of the United States that barred the federal government from asserting which names are offensive has been viewed as a victory for the Washington Redskins, a high school in northern Indiana may provide an example of what the eight justices were trying to accomplish.
Court must revisit issue of prospective juror’s demeanor in Batson challenge
The Marion Superior Court must revisit the issue of whether a prospective juror’s body language made his dismissal appropriate after the Indiana Court of Appeals decided Tuesday it would be inappropriate to credit the state’s assertion without findings that the dismissal was not based on race.
High court strikes down extension of community caretaking role to non-vehicle searches
The Indiana Supreme Court on Tuesday struck down a portion of an Indiana Court of Appeals opinion that extended the law enforcement community caretaker role beyond questions regarding seizures of a vehicle. The justices did affirm the man's cocaine conviction, however, finding his constitutional arguments failed.
Putnam County officer to be resentenced again for excessive use of force
A Putnam County law enforcement officer who used excessive force against compliant arrestees must return to district court for a second resentencing after the 7th Circuit Court of Appeals determined the district court, once again, failed to adequately justify its imposition of a below-guidelines sentence.
US high court curbs suits against companies in Plavix case
The U.S. Supreme Court gave companies a new tool to defeat some legal claims, siding with Bristol-Myers Squibb Co. in a bid to limit a consumer lawsuit in California over its Plavix blood thinner.
COA: County entities did not owe duty under foreseeability analysis
A southern Indiana county and its parks and recreation and health departments did not owe a duty to a man who contracted a deadly infection while at a county park, the Indiana Court of Appeals held Monday, reversing the denial of summary judgment to the governmental entities.
Justices say law on offensive trademarks is unconstitutional
The U.S. Supreme Court on Monday struck down part of a law that bans offensive trademarks, ruling in favor of an Asian-American rock band called the Slants and giving a major boost to the Washington Redskins in their separate legal fight over the team name.
7th Circuit orders new hearing in Marion County wrongful-detention suit
The issue of the certification of two subclasses of inmates who allege they were wrongfully detained for unconstitutional periods of time is back before a district court after the 7th Circuit Court of Appeals ruled the court erred in initially denying class certification.
Attorney disbarred for falsifying statements, evidence to disciplinary commission
An Indianapolis attorney charged with making false statements and submitting false evidence to the Indiana Supreme Court Disciplinary Commission in an attempt to be reinstated to the practice of law has instead been disbarred.
COA: Chiropractors not qualified to render opinions on ‘complex’ causation issues
A medical malpractice case against a Franklin County chiropractor must proceed to trial after the Indiana Court of Appeals held Wednesday that chiropractors, including those on medical review panels, are not qualified to render opinions on the cause of injuries when a case involves a “complex” causation issue.
Court affirms division of marital estate in divorce
A trial court’s division of a marital estate that was challenged by both the husband and wife was affirmed Tuesday by the Indiana Court of Appeals.
Conviction upheld for man who berated ex after protective order
A man who called his ex and offered a “one time only deal” regarding parenting time with their son after the woman obtained a protective order failed to convince judges on appeal that his invasion of privacy conviction should be reversed.
Experts say Court of Appeals ruling leaves death penalty in limbo
Legal experts from Indiana’s law schools said the decision casts uncertainty on the death penalty going forward, though they said by no means is the court’s ruling a moratorium on future executions.
Tax sale purchasers lose as COA tangles over statutory interpretation
Likening people who buy property at tax sales to gamblers, an Indiana Court of Appeals panel split over how much due diligence the tax sale statute requires of purchasers but still found the buyers of a cell tower property in Bloomington did not do enough.
Justices strike down gender differences in citizenship law
The Supreme Court of the United States on Monday struck down part of an unusual law that treats fathers and mothers differently when it comes to conferring citizenship on children born outside the U.S.
Justices side with Microsoft in Xbox 360 class action case
The Supreme Court of the United States is giving Microsoft Corp. another chance to stop a class action lawsuit filed by owners of the Xbox 360 video game system who claim the console has a design defect that scratches game discs.
COA: Lack of allocution notice demands resentencing
A divided Indiana Court of Appeals remanded a man’s sentencing because a judge failed to directly offer him a chance to speak before sentencing him, instead asking the man’s counsel, who said his client did not wish to speak.