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.
Court opinions
Articles
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.
Exclusion of money talk not a reversible error
A trial court’s error in excluding explicit statements about money is not reversible and does not provide the grounds to overturn a drug conviction.
Heavily redacted report cannot hide behind business-judgment rule
Although a report produced by a special litigation committee contains privileged information, the plaintiffs must be allowed full access to the unredacted version in order to determine if the investigation was extensive and conduced in good faith.
Firing of officer who stunned nursing home patient was supported by evidence
A police chief and city review board were within their rights to terminate the employment of an officer who repeatedly used a Taser on a 64-year-old nursing home patient. An appellate panel Monday reversed a trial court order that had thrown out the officer’s firing.
Newspaper loses appeal over access to death records
A newspaper was not improperly denied access to death records, the Indiana Court of Appeals ruled Friday.
Affirmed sentence in home invasion, sex assault clarifies aggravator standards
An Indianapolis man’s 40-year executed sentence for leading a home invasion and forcing the woman who lived there to perform oral sex at gunpoint wasn’t improper, the Indiana Court of Appeals ruled Friday.
Brown County logging damages award stands
A landowner’s award of $55,572.50 in damages caused by a logging contractor at a property in Brown County was properly calculated, the Indiana Court of Appeals ruled Thursday.
Appeals panel reinstates claims of capacity, undue influence in trust dispute
A family feud involving half-siblings contesting the trust bequeathed by their mother was improperly disposed of through summary judgment, a panel of the Indiana Court of Appeals ruled Thursday.
Man tried twice for same offense, but relief denial affirmed
A divided Indiana Supreme Court ruled Wednesday that a man convicted of rape on retrial was unconstitutionally prosecuted twice for the same offense, but the court upheld denial of post-conviction relief.
Supreme Court takes closer reading of precedent in affirming post-conviction relief
A man’s 2002 guilty plea to a habitual traffic violator offense will be set aside after the Indiana Supreme Court held his 1989 conviction in Fayette County constituted a material error.
Justices affirm new trial in estate awarded $41,400 in hotel killing
The Indiana Supreme Court on Wednesday upheld a lower court order for a new trial in a case involving a $41,400 award made to the estate of a man who was killed at a Speedway hotel by a former employee.
Split COA reverses its original decision on rehearing
Saying “plea agreements should be more artfully drafted,” a split Indiana Court of Appeals affirmed an award of restitution against a Daviess County man whose plea agreement was silent on the matter of restitution.
Mother may petition for college expenses for emancipated children
Two amendments made by the Indiana General Assembly to the termination of child support and emancipation statute allow for a mother’s college support petition for two emancipated children to stand.
Foreclosure affirmed on transferred mortgage
A couple who stopped making mortgage payments in 2007 and continued to live in their house failed to convince an appeals panel that a trial court erred in determining who holds the note and ruled the mortgage valid despite an allegedly defective acknowledgement.
Open Door violation not worth $8K, COA rules
A group of petitioners who prevailed on an Indiana Open Door Law violation will get reimbursed for attorney fees, but the amount will be reduced by nearly $5,000 after a trial court found the group was requesting money for work unrelated to the claim.
Dissenting judge argues tenants can’t ask drunk, disorderly man outside door to leave
An argument that tenants of an apartment complex may not ask a drunk and threatening man to leave common areas convinced one judge, but the majority of an appeals panel found otherwise, warning that such a holding would “defy logic and lead to an absurd result.”
Threats of violence sufficient to order involuntary commitment
Although an Indianapolis man never harmed another individual, his persistent threats of violence were sufficient to support his involuntary commitment to a mental health facility.