Court: insufficient notice bars tort claim
The Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium
complex and its various longtime issues.
Court opinions
Articles
Justices grant 3 transfers
The Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices
examined a total 35 cases that were before them for possible transfer.
Appellate rulings can create confusion for attorneys, trial judges
Clear and concise court rulings are what judges hope can be produced, so that lawyers and lower courts can have guidance on
how to address a particular legal issue. But that doesn’t always happen.
Exotic dancers are employees, may settle case
A federal judge has found that exotic dancers at an Indianapolis club are employees, not independent contractors as the club
owner argued.
Court defines due process rights for drug court participants
The Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug
court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.
Court declines to review commitment cases differently
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
7th Circuit ends use of inextricable intertwinement doctrine
The 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to
inextricable intertwinement is unavailable when determining a theory of admissibility.
Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act
The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.
Judge worries ruling may make bright-line rule in traffic stops
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
Court upholds discrimination claims in coroner’s office
The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his
white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner
could receive.
East Chicago casino case still alive
A years-long court battle over millions of dollars in East Chicago casino revenue remains alive after a Marion County judge
vacated an earlier dismissal of the civil suit and blocked the release of $8 million in disputed funds that had been part
of a settlement.
Majority overturns enticement of minor conviction based on error
Addressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction”
in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
Arbitration of FCRA claim survives bankruptcy discharge
A man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy
proceedings, the Indiana Court of Appeals ruled today.
COA: Trial court to decide pre-sentencing educational credit time
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing,
the Indiana Court of Appeals ruled today.
Defendants entitled to competency hearing in probation revocations
Defendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded
today, addressing the issue for the first time.
Judges disagree on whether grandfather can adopt
Judges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but
allow the mother to retain her parental rights under Indiana law.
Medicaid applications review policy doesn’t violate federal law
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability
application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled
today.
Attorney fees not recoverable under adult wrongful death statute
The Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under
the adult wrongful death statute.
State, federal double-jeopardy challenge fails
A man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals,
which affirmed the trial court in a case involving multiple child pornography videos.
No issue with all legislative logrolling
The Indiana Supreme Court offered some clues recently about why it’s ignored repeated attempts to address the issue
of legislative logrolling, where multiple unrelated changes are stuffed into one massive bill that becomes law.