The Indiana Court of Appeals Tuesday decided that under Indiana Trial Rule 34(C)(3), refusing to comply with a discovery request solely because the parties can’t agree on an appropriate amount to pay does not constitute reasonable resistance to a discovery request.
A Marion County mother who sought damages for having to pay certain fees for her children to attend public school lost her appeal before the Indiana Court of Appeals Monday. The judges agreed with the lower court that the state constitution does not permit her claim for monetary damages.
The Indiana Court of Appeals affirmed a 2013 order by a trial court that tax sale deeds be issued, agreeing that the Marion County auditor complied with the statutes dealing with notices surrounding tax sales.
Noting that its decision should not be viewed as a punishment for either parent, a trial court denied a mother’s request to move to California with her son and ordered the boy remain in Indiana with his father. The Indiana Court of Appeals affirmed Friday, finding the father presented evidence that supported the trial court’s decision.
The Indiana Court of Appeals reversed the adjudication of a toddler as a child in need of services after finding the Department of Child Services did not establish that the child’s father is unlikely to meet the child’s needs absent court intervention based on his lack of parenting experience and previous diagnosis of having post-traumatic stress disorder.
The 7th Circuit Court of Appeals had to decide Thursday whether the sentencing of a man under the 2011 Sentencing Guidelines for child pornography offenses that took place over the course of seven years created constitutional problems since different guidelines were in place when he committed the crimes.
The statute in effect when a man petitioned to have his Class D felony conviction records expunged said the trial court “shall order” the expungement if all statutory requirements have been met. As a result, the trial court erred in denying Michael Kevin Mallory’s petition based on testimony of his victims.
The belt used by a man to repeatedly strike his girlfriend qualifies as a deadly weapon and supports elevating his battery conviction to a Class C felony, the Indiana Court of Appeals held Friday.
In a case that hinges on the distinction between direct and derivative claims, the 7th Circuit Court of Appeals decided that a failed bank can pursue two claims against former managers.
The Plymouth, Indiana-based security software maker that sued Warner Bros. after the movie “The Dark Knight Rises” referred to hacking software as “clean slate” lost its trademark infringement case before the 7th Circuit Court of Appeals. The company, which has a program called “Clean Slate,” claimed its sales dropped after the movie came out.
The Indiana Court of Appeals has ordered a trial court to take another look at the marital pot of a northern Indiana couple, finding the lower court should have included the husband’s ownership interest in two parcels of land he owns as a joint tenant with his brother.
A police officer was not justified in requesting that the woman he pulled over for an expired driver’s license sit in his squad car while he decided how to proceed in the matter, the Indiana Court of Appeals ruled Thursday.
An Elkhart County man successfully convinced the Indiana Court of Appeals to reverse the denial of his motion to set aside default judgment in a foreclosure action. The man argued he relied on information from the bank that he could proceed with a short sale and the foreclosure proceeding would be put on hold.
The Indiana Supreme Court accepted a case to address the proposition that relying on an element of the offense as an aggravating factor when sentencing is no longer prohibited. The justices believe that the Court of Appeals has applied this position too broadly.
The Indiana Court of Appeals Wednesday found that an estate of a man with dependents can recover attorney fees under the General Wrongful Death Statute, but the trial court erred in how it calculated the amount the law firm will receive.
The 7th Circuit Court of Appeals denied the petition for judicial review filed by a company that runs a southern Indiana mine, finding sufficient evidence supports fining the company for violating federal regulation requiring a protective mound along an elevated roadway.
The Indiana Supreme Court held Wednesday that police do not need to have a warrant before testing lawfully seized evidence, even if that evidence is unrelated to the crime for which the defendant is in custody.
Morgan County parents, including a father who dealt meth to a confidential informant while his wife and three minor children were present, lost an appeal of their termination of parental rights Tuesday.
An employee’s reported threat to blow his boss’s head off resulted in an injunction barring him from the workplace, but the Indiana Court of Appeals reversed recently in a case that highlighted conflicting statutes aimed at preventing violence on the job.
Two years after Indiana’s right-to-work law fought its way out of the Statehouse, the measure has suffered another knockout blow in a state court. Plaintiffs have successfully convinced two courts that the Indiana Constitution has given the controversial statute a glass jaw.