Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
Court opinions
Articles
Lack of transcript limits review of fire damages award on appeal
A panel of the Indiana Court of Appeals rejected an appeal seeking full compensation after an Allen County fire in large part because the appealing party included no transcript of the trial court proceedings.
Justices: Meth arrest of man at rental storage unit violated Fourth Amendment
A man’s conviction and 45-year sentence on a meth charge cannot stand because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections, a majority of the Indiana Supreme Court ruled.
COA rules serving time at home same as serving time in prison
The Indiana Court of Appeals remanded a case for a new sentencing order after a defendant successfully argued home detention counts as part of his executed sentence.
Tax Court rules against UPS reinsurer on case justices reversed, remanded
United Parcel Service and its reinsurance affiliates are obligated to pay about $650,000 in taxes from the years 2000 and 2001, the Indiana Tax Court held. The court previously ruled in UPS’s favor, but this opinion comes on remand from an Indiana Supreme Court reversal.
Appeals court affirms judgment in family land-contract dispute
A trial court properly ruled that an insurance company owed no duty to a mother who sold property on contract to her son and daughter-in-law, but the son and daughter-in-law who collected proceeds from the policy do.
Bridge complaint raises questions about governmental immunity
The Indiana Court of Appeals addressed conflicting caselaw about a government’s immunity from liability before siding with the older precedent and ruling that any move to overturn that case should be left to the Indiana Supreme Court.
Attorney fees affirmed in trucking dispute; COA declines to bar such awards
An appellate panel Tuesday affirmed an award of attorney fees under a standard industry agreement and declined an invitation to strip Indiana trial courts of the ability to enter such judgments.
Instructions not to letter of the law, but no harm done
A trial court’s failure to give jury instructions that strictly adhered to the language contained in the Indiana Code and Indiana Jury Rule was not grounds for the Indiana Court of Appeals to overturn a guilty verdict.
Judge: Suit challenging Marion County judicial slating may proceed
A federal lawsuit challenging the constitutionality of a state law that has given rise to the Democratic and Republican slating system under which Marion Superior judges are elected will go forward.
Failure to register in Indiana opens door for state charges against Ponzi scheme mastermind
A split Indiana Court of Appeals ruled a man at the center of an alleged Ponzi scheme that defrauded nearly 72 victims in Ohio, Kentucky and Indiana will have to face state charges even though he pleaded guilty to a federal indictment.
Reversal: Trust bears liability for builder’s nonpayment despite lien notice discrepancies
A trust that won summary judgment at the trial court against a supplier of building materials for construction of a home on Lake Michigan got the opposite result from an appeals court Friday. The trust is liable, even though it paid builders who failed to reimburse the supplier for materials provided on credit.
Double jeopardy does not prohibit state from retrying defendant on lesser charge
Although a man’s conviction was overturned, the Indiana Supreme Court has ruled he can still be retried on the same charge without violating double jeopardy prohibitions because “a rational jury” would have considered more than one element of the crime.
Drunken driving conviction affirmed; tipster’s observations reasonable cause
The Indiana Court of Appeals affirmed a man’s conviction for Class C misdemeanor operating a vehicle while intoxicated Thursday, though one panelist wrote the court went deeper into the analysis of the defendant’s Fourth Amendment claim than it needed to do.
Dispatcher fired after firecracker incident loses unemployment appeal
An appeals court panel Thursday affirmed denial of unemployment benefits for a Starke County sheriff’s dispatcher who took time off work after a firecracker exploded behind her at work and she was diagnosed with hearing loss, vertigo and tinnitus.
Parental liability as co-signers on kids’ school loans subject to divorce decree
Student loan liabilities of parents who co-signed for their two children should have been a consideration in dividing property in a divorce proceeding, the Indiana Court of Appeals ruled Thursday.
Insurer’s exclusion stands after bar fight
A woman’s own description of a barroom brawl that left her with a broken arm was used against her in allowing an insurance company to deny coverage.
Worker’s Compensation Act is only remedy for injured employee
A construction worker injured on a job site will have to find remedy through the Indiana Worker’s Compensation Act after the Indiana Court of Appeals denied his attempt to sue a subcontractor.
7th Circuit declines to second guess co-defendant credibility in firearm sentence
Contradictory testimony given in two plea agreements presented the U.S. District Court for the Southern District of Indiana, Evansville Division, with the “classic choice” of whom to believe.
Appeals court finds IU med student properly dismissed
A third-year student at Indiana University School of Medicine kicked out after the university concluded he cheated on an exam lost his appeal of the trial court’s summary judgment in favor of the university.