Court rules on incurred risk in malpractice suit
The Indiana Supreme Court ruled today that, in general, incurred risk isn't a defense to medical malpractice based on negligence or lack of informed consent.
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Inmate’s complaint dismissed again
An inmate's complaint, which led the Indiana Supreme Court to find the Three Strikes Law to be unconstitutional last year, was properly dismissed under the Frivolous Law Claim by the trial court on remand, the Indiana Court of Appeals ruled today.
COA reverses one dismissal of inmate’s suit
The New Castle inmate with a history of filing frivolous lawsuits got a minor victory in the Indiana Court of Appeals today. The judges reinstated his complaint against the only person who presided over the inmate's disciplinary hearing for a Department of Correction rule violation for filing a frivolous claim.
Judges differ in ruling application in set-off case
Indiana Court of Appeals judges couldn't agree on the application of a previous case involving the set-off of workers' compensation payments, leading to a split court and three separate opinions in an insurance company's attempt to recoup a portion of workers' compensation benefits following a jury trial. In Travelers Indemnity Company of America v. Jerry […]
Couple not negligent in baby’s death
A couple did not breach their duty to protect a baby from a dangerous condition on their property in which a 2-month-old died after his mother smothered him while the two slept on a sofa at the couple's home.
State’s policy in court doesn’t violate constitution
The state's refusal to waive jury trials in one Marion Superior Court doesn't violate the constitutional rights of the mentally ill defendants who appear in that court, ruled the Indiana Court of Appeals.
Judges differ in stipulation matter
A panel of Indiana Court of Appeals judges disagreed on whether a defendant pleaded guilty to the enhancement of his auto theft conviction based on his previous conviction for a similar crime.
Moving chattel for suit doesn’t establish venue
In its opinion today regarding a breach of warranty case, the Indiana Court of Appeals had to define for the first time what "regularly located or kept" meant for purposes of Indiana Trial Rule 75(A)(2).
Amended ordinance doesn’t apply to travel plaza
An Allen Superior Court correctly ruled that a travel plaza had a vested right to develop its plans under an original zoning ordinance, the Indiana Court of Appeals affirmed today.
Insurer not allowed to substitute party name
An insurance company isn't allowed to substitute another party's name in a suit filed by a driver for her underinsured motorist benefits because there's no authority for substitution of a non-party before a jury in a contract case, the Indiana Court of Appeals decided today. Doing so would create a "legal fiction" before the jury.
Justices uphold probation revocation
The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal – either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.
Justices: Jury issues don’t require new trial
The Indiana Supreme Court affirmed a jury award in favor of a man accused of rape in a civil suit, ruling the jury didn't receive improper communications and the trial court didn't err in providing impasse assistance to the jury.
Trial court didn’t err in denying mistrial
A trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.
State didn’t prove man used car to keep drug
The Indiana Court of Appeals overturned a conviction of maintaining a common nuisance because the state failed to prove the defendant used his car to keep marijuana.
COA affirms judgment in property-tax dispute
The Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches – property taxes.
COA splits, reverses probation revocation
The Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The judges didn't agree that the probation revocation hearing comported with due process.
Insurer needs notice of claim to defend it
An insurer can't defend a claim of which it has no knowledge and its duty to defend doesn't begin until it receives basic notice information to allow it to defend a claim, ruled the Indiana Supreme Court.
7th Circuit affirms possible erroneous sentence
Because a defendant’s attorney affirmatively waived any challenge to an Armed Career Criminal Act enhancement – despite the 7th Circuit Court of Appeals advisement that the enhancement may have been an error due to a recent Circuit ruling – the federal Circuit Court had no choice but to affirm the District Court.
COA: Casinos can’t ban card counters
An Indiana casino cannot stop someone from playing regulated blackjack simply because he counts cards, the Indiana Court of Appeals ruled today.
Court split on if lab tech must testify
The state's highest court was split in its ruling on whether the failure of a lab technician who processed DNA evidence to testify at a man's trial violated his Sixth Amendment rights.