Chronic litigator’s suit seeking $3 trillion tossed with warning
A federal judge has had about enough from a litigant who has brought so many frivolous lawsuits that he may be barred from filing future complaints.
Court opinions
Articles
Woman may pursue negligence claim against pharmacist
The Indiana Court of Appeals sidestepped the question of whether a previous decision is valid when determining that a woman who brought a medical malpractice claim against a hospital can pursue a negligence claim against the hospital’s pharmacist. The plaintiff did not present that negligence claim before the medical review panel.
Justices reverse grant of motion to suppress based on pat-down search
In a 4-1 decision Monday, the Indiana Supreme Court ruled it is not inherently coercive for police to give conditional permission to step out of a vehicle during a traffic stop, subject to the motorist’s consent to a pat-down search.
Wife wins appeal of division of marital estate
The Indiana Court of Appeals agreed with a wife in a divorce proceeding that the trial court erred in how it calculated and divided the marital estate. The lower court incorrectly attributed the value of Florida real estate to the wife’s share of the marital pot as well as failed to credit her for paying the parties’ tax debt.
Search of home of man in community corrections based on reasonable suspicion
A trial court acted within its discretion in admitting evidence seized from a man’s home, the Indiana Court of Appeals held Friday. The police search was justified by reasonable suspicion that the man engaged in criminal activity and a search condition contained in his agreement with community corrections.
Because enhancement vacatur altered sentence, COA vacates plea agreement
Because removing a defendant’s habitual offender enhancement altered the sentence the parties had bargained for, the Indiana Court of Appeals ordered the trial court to vacate the entire plea agreement.
Treatment facility sufficiently showed man was a danger to others
The Indiana Court of Appeals affirmed a man’s 90-day involuntary commitment in a mental health facility because the treatment facility presented sufficient evidence that the man posed a substantial risk of harming others and was therefore dangerous.
Ex-Chandler commission member’s lawsuit continues after COA ruling
The member of a town’s advisory plan commission who was appointed to a four-year term, then unanimously recalled, will be allowed to go forward with his lawsuit stemming from his removal, the Indiana Court of Appeals ruled.
Grant of judicial review following license suspension reversed
Because an Indiana driver did not take advantage of an available statutory method for challenging the suspension of her license before filing a petition for judicial review, the Court of Appeals reversed the grant of judicial review that ruled in her favor.
COA ruling revives non-union subcontractor’s Antitrust Act claim
A non-union subcontractor presented evidence establishing a genuine issue of material fact that the company awarded a contract to build a new school violated Indiana’s Antitrust Act by unlawfully restraining open and free competition for the public project, the Court of Appeals held Thursday.
Lack of post-verdict motion dooms fired employee’s appeal
The 7th Circuit court of Appeals quickly affirmed a jury verdict against a former employee in the Lake County Auditor’s Office who claimed she was unlawfully terminated for political reasons. The ex-employee failed to file any post-verdict motions, a necessary first step for the appeals court to review the case.
COA interprets Uniform Premarital Act for first time
A premarital agreement entered into by a pregnant teenage girl and her future husband who was twice her age was unconscionable when the agreement was executed in 1995, the Indiana Court of Appeals held Thursday in an issue of first impression.
Marion County small claims court bill passes Senate
A proposal that would leave the long-criticized Marion County township small claims courts intact with modest changes has cleared the Indiana Senate. The bill would raise the limit on disputes from the current $6,000 to $8,000.
COA rules lack of probable cause for warrant makes evidence inadmissible
The Indiana Court of Appeals held Wednesday that a probable cause affidavit allowing police to search the home of a man suspected of manufacturing methamphetamine did not establish a confidential informant’s credibility and lacked probable cause. The majority also concluded that the good-faith exception would not be applicable in David Cartwright’s case.
Inmate entitled to hearing on damages following public records request
A Marion County court should have considered a Department of Correction inmate’s claims for civil penalties and court costs against the DOC instead of dismissing the case after the DOC produced the public records the inmate sought, the Court of Appeals ruled.
COA affirms cutting off mother’s communication with daughter
The court record is replete with evidence supporting a juvenile court’s decision that a teenage girl would be better off if communication and visits with her mother were terminated, the Indiana Court of Appeals held Wednesday. The girl, in foster care, often had detrimental visits with her mother.
Judges rule counsel was not deficient, drug conviction stands
The Indiana Court of Appeals affirmed a man’s conviction of Class D felony possession of marijuana in excess of 30 grams after finding that the claims he wanted his attorney to raise at trial would not have prevailed.
Professor says verdict highlights need for Congress to revisit terrorism law
A historic $218.5 million verdict handed down Feb. 23 against Palestinian organizations for a series of terrorist attacks that killed or injured several U.S. citizens could bring unintended consequences and should cause Congress to reexamine federal terrorism statutes, according to a prominent Indiana legal scholar.
Lease doesn’t bar dentist’s slip-and-fall suit against landlord
A dentist who slipped and fell on a patch of ice outside his office may pursue a negligence and personal-injury lawsuit against his professional corporation’s landlord, the Court of Appeals affirmed Tuesday.
Court of Appeals finds no standing post-adoption, suggests legislative remedy
An Indiana appeals court empathized with a grandmother’s situation, but it ruled the law gave the court no choice but to strip her of visitation with her granddaughter, whose mother – the grandmother’s daughter – had died.