Appeals court reinstates South Bend police wrongful death suit
A wrongful death lawsuit filed on behalf of a man who died in the custody of South Bend police was reinstated Friday by the Indiana Court of Appeals.
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Trial court erred in ordering harassing neighbor’s firearms seized
A trial court erred in ordering firearms seized and in placing other restrictions on a man the court properly determined had committed stalking against his neighbor, the Indiana Court of Appeals ruled Friday.
Justices affirm attorney fees award in domestic arbitration
A trial court ruling ordering an ex-husband to pay his ex-wife’s legal fees in a divorce settled under the Family Law Arbitration Act was affirmed Friday by the Indiana Supreme Court.
Attorney reprimanded for ex parte communication
A Tippecanoe County attorney has received a private reprimand after the Indiana Supreme Court concluded she violated Professional Conduct Rule 3.5(b) when an emergency petition for a temporary guardian appointment was presented to the judge before notice was presented to the parents.
COA reverses finding attorney entitled to malpractice coverage
A trial court improperly concluded that an Auburn, Indiana, attorney did not make a material representation in his application for renewal of malpractice insurance, the Indiana Court of Appeals held Thursday in reversing summary judgment in favor of the attorney.
Ruling in favor of doctors in med mal case upheld
The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.
Inmate loses request for Xbox, other privileges
The Department of Correction has a rational reason for limiting which inmates qualify to be housed in a “Honor Unit,” in which they have access to video games and weights, the Indiana Court of Appeals held in affirming summary judgment for the DOC on an inmate’s lawsuit.
COA affirms attorney fee order
The Indiana Court of Appeals upheld the decision by a trial court that in order for proceedings supplemental to be withdrawn without prejudice, the moving party must pay attorney fees as ordered by the lower court.
COA modifies punitive damages award
The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.
Court split over actual notice of defendant’s incarceration
Although “not a fan” of discharges pursuant to Criminal Rule 4(C), an Indiana Court of Appeals judge believes a defendant’s case needs re-examined by the trial court to see if he is entitled to discharge.
COA outlines approach to awarding attorney fees in estate challenges
In a case in which the trial court awarded a woman and her children more than $170,000 in attorney fees even though two of the three claims raised were without just cause or good faith, the Indiana Court of Appeals specified the approach judges should follow when a party seeks attorney fees pursuant to I.C. 29-1-10-14.
Boilerplate language can’t support warrant for blood draw
The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.
Justices to review day care couple’s manslaughter convictions
The Indiana Supreme Court will decide whether a couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care should get new trials.
Officer’s internal statement not allowed in criminal trial
The Indiana Court of Appeals agreed with a Fort Wayne police officer that a statement he gave as part of an internal affairs investigation into his role in a break-in of a foreclosed home should not be allowed at his criminal trial.
Deed allows owners to make wells deeper, court rules
A family that sold mineral rights to a company but reserved the rights to oil and gas from certain producing wells was not restricted by the deed from making the reserved wells deeper, the Indiana Court of Appeals held Friday.
State performed due diligence charging man in 25-year-old attack
In a matter of first impression, the Indiana Court of Appeals held that state employees met the due diligence requirement of I.C. 35-41-4-2 regarding the statute of limitations in charging a man in 2013 for an attack on a 10-year-old girl in 1988.
Drug statutes not vague, but justices dismiss ‘spice’ charges
Two men who challenged their criminal charges for possessing chemical compound XLR11 had their charges dismissed by the Indiana Supreme Court Wednesday, but not because the statutes relating to the drug are unconstitutional as they had argued.
Federal prisoner not entitled to additional sentence credit
The 7th Circuit Court of Appeals agreed with a lower court that an inmate in a federal Terre Haute prison should not receive credit for a three-year period as he argued in his habeas corpus petition.
Court erred in not considering subsequent property settlement agreements
The Indiana Court of Appeals reversed a ruling in favor of a woman on her claim that her ex-husband owed her more than $2.4 million based on a 1997 property settlement agreement. The judges found the trial court should have considered subsequent property settlement agreements the two entered into without the court’s approval.
Reversal reinstates negligence claim in fall on snowy hotel lot
A trial court erred in granting summary judgment in favor of hotel defendants on a negligence claim arising after a guest slipped, fell and was injured in a parking lot covered by a dusting of snow.