7th Circuit affirms Indiana’s ban on robocalls
A political organization that argued Indiana’s ban on telephone robocalls disfavored political speech and was content discrimination got a terse reply from the 7th Circuit Court of Appeals Tuesday.
Court opinions
Articles
Man can’t seek relief for murder conviction after robbery resentencing
An inmate convicted of murder and attempted robbery cannot be granted habeas relief for the murder conviction because the statute of limitations for that conviction under the Antiterrorism and Effective Death Penalty Act had passed, despite a resentencing on the robbery charge, the 7th Circuit Court of Appeals decided Tuesday.<
Federal statute of limitations does not preempt state statute in collections action
The United States Congress’ purpose in passing the Interstate Commerce Commission Termination Act was not to preempt state statutes of limitations, the Indiana Supreme Court held Tuesday, so an 18-month federal statute of limitations cannot bar a transportation company’s collections claim against an Indiana manufacturer.
Property contract with no-cheating clause enforceable
A Jefferson County woman must convey her assets in a property she shared with her ex-boyfriend after she became pregnant by another man in breach of a contract she signed with the ex-boyfriend, the Indiana Court of Appeals found Friday.
Owners of flooded house lose appeal in suit against Valparaiso
A couple whose home near a water retention and detention facility was flooded in 2008 when the city of Valparaiso experienced a 200-year storm are not able to assert a private cause of action under Indiana’s Flood Control Act, the Indiana Court of Appeals affirmed Friday.
COA: Court properly denied motion to set aside default judgment
A company being sued for negligence failed to convince the Indiana Court of Appeals that the default judgment entered against it in the matter should be overturned.
Assessor waived objection to untimely filing of record
The Indiana Tax Court on Friday determined that a northern Indiana assessor’s office waived its objection to a late-filed certified administrative record in a tax appeal, ruling that an objection must be made before the merits of a case have been furthered.
Former IDEM employee’s unlawful termination case can continue
A former Indiana state employee can continue her case against the Indiana Department of Environmental Management after the Court of Appeals decided Thursday that her unlawful termination complaint stated a claim upon which relief can be granted and that sovereign immunity cannot apply.
Granddaughter can continue to seek guardianship of grandfather
The Indiana Court of Appeals is allowing a granddaughter to continue seeking guardianship over her grandfather after determining that the trial court erroneously dismissed her guardianship petition.
COA: Trial court’s erroneous statement did not change terms of plea agreement
A man convicted of drug-related charges must adhere to the waiver of his right to appeal his sentence as part of his plea deal after the Indiana Court of Appeals found Thursday that the trial court’s erroneous statement did not change the terms of that agreement.
Gun evidence admissibility divides Court of Appeals
In a “he said, she said” case before the Indiana Court of Appeals Thursday, the judges were divided on whether admission of a gun into evidence prejudiced a woman’s convictions of resisting law enforcement and battery against a public safety official and her boyfriend’s battery conviction.
Appeals court finds judge complied with credit-restricted felon statute
In an issue of first impression, the Indiana Court of Appeals ruled that an Elkhart Superior judge’s advisement to a convicted child molester that she is a credit-restricted felon substantially complied with statute.
COA upholds dismissal of fired DOT employee’s untimely petition for review
A former employee of the Indiana Department of Transportation, who was fired in 2013, untimely filed his petition for judicial review after he was unsuccessful in his administrative appeals and the trial court correctly dismissed his petition, the Indiana Court of Appeals affirmed Thursday.
Reopening case after closing arguments was not an abuse of discretion
The Marion Superior Court did not abuse its discretion when it allowed the state to reopen its case against a defendant after closing arguments because the defendant had been forewarned that certain evidence could be admitted if he presented a contrary intent defense, the Indiana Court of Appeals held Wednesday.
COA: Purchase agreement valid, case against company must go to arbitration
A Kentucky-based houseboat company cannot be forced to refund a deposit to a Henry County couple after the Indiana Court of Appeals found Wednesday that an existing purchase agreement was a valid and binding contract that allowed the company to request arbitration.
Lack of expert testimony leads to judgment in favor of Indiana attorney
The lack of expert testimony in a yearslong bankruptcy case led to the appropriate grant of summary judgment to an Indiana attorney, the Indiana Court of Appeals found Tuesday.
COA holds that arbitration exclusion applies to State Farm case
The Indiana Court of Appeals affirmed summary judgment in favor of State Farm Insurance Tuesday, writing that the appellants in the case could not compel arbitration due to an exception in the arbitration agreement it signed with the insurance company.
Summary judgment in favor of New Castle prison employees reversed
An Indiana inmate can continue his case against prison officials he said prohibited him from bringing his case before the U.S. Supreme Court after the Indiana Court of Appeals decided Tuesday that summary judgment in favor of the officials was erroneous.
2016 Year in Review
From law school troubles to new court initiatives, take a look back at the top stories in Indiana Lawyer this year.
COA: Stage collapses not foreseeable as a matter of law
The company hired to provide security to country duo Sugarland on the night of the deadly stage collapse at the 2011 Indiana State Fair could not have reasonably foreseen the stage collapse as a matter of law and, thus, is entitled to summary judgment, the Indiana Court of Appeals held Tuesday.