Case vacated over jurisdictional questions
The 7th Circuit Court of Appeals remanded a case to an Indiana District Court to determine whether the plaintiffs in a suit have citizenship in Indiana or Arizona.
Court opinions
Articles
Court finds fax to be a contract
The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.
Worker’s comp claim bars med mal complaint
The Indiana Court of Appeals reversed the denial of a hospital's motion to dismiss a medical malpractice complaint because
the claimant, who was employed by the hospital and on duty at the time of the injury, could only file a complaint against
the employer under the Worker's Compensation Act.
7th Circuit won’t rehear in vitro case
The full 7th Circuit Court of Appeals won't rehear a case of first impression involving an Indiana woman's claim
that she was wrongfully fired for taking time off for in vitro fertilization, and attorneys haven't decided whether to
seek further review by the U.S. Supreme Court.
7th Circuit: Man failed to show sexual harassment
The 7th Circuit Court of Appeals reversed a District Court’s ruling in favor a man on his retaliation claim under Title VII of the Civil Rights Act, finding the man didn’t believe his supervisor’s advances and threats were illegal.
Evidence failed to support ending parental rights
The Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate the parental rights.
7th Circuit upholds antitrust suit dismissal
The 7th Circuit Court of Appeals affirmed a decision by a U.S. District Court in Indiana which threw out a case involving
Marathon Petroleum Company and its dealers because the dealers couldn't prove the company violated the Sherman Act.
7th Circuit affirms, reverses wine ruling
The 7th Circuit Court of Appeals has recognized Indiana’s interest in keeping wine out of minors’ hands, ruling that Hoosiers who want to order alcohol online or by phone will have to first make face-to-face contact at a winery to verify their age before being allowed to make the purchase.
Judges disagree on public intox conviction
The Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.
COA revises child molesting sentence
The Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't be considered among the worst offenders to justify the maximum sentence.
Appellate court rules on GAL fees
A guardian ad litem must differentiate between attorney and non-legal work when billing in a paternity case, and trial courts must carefully consider guidelines set out in probate-focused Indiana Professional Conduct Rule 1.5 when deciding how to compensate for fees and expenses. The Indiana Court of Appeals ruled today in the case In Re: The […]
Adjudications don’t violate double jeopardy
The Indiana Court of Appeals affirmed that double jeopardy violations can be applicable to juveniles, but denied reversing a girl's adjudications because there were no violations in her case.
COA: Keep early-voting sites open
The Indiana Court of Appeals upheld a special judge's ruling to keep early-voting sites open in Lake County, holding that even if election law was violated in establishing the sites, public interest in having the sites would keep them open.
Forfeiture of money to FBI allowed
A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.
Prisoner litigant’s case deemed frivolous
One of Indiana's most well-known pro se prisoner litigants continues to be a subject for the state's appellate courts.
7th Circuit: Woman has claim for relief
The 7th Circuit Court of Appeals disagreed today with a District Court's dismissal of a woman's complaint against the federal government, finding she had stated a claim for relief following her dismissal from her job as a result of a Federal Protective Service investigation.
Mom’s promoting prostitution sentence stands
The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.
COA uses opinion to clarify sentence claims
The Indiana Court of Appeals used a defendant's appeal today to clarify that inappropriate sentence claims and abuse of discretion claims are to be analyzed separately.
Man not fired for being ‘whistle-blower’
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a plaintiff's former company, finding no evidence the company fired him in retaliation for being a whistle-blower.
Administrative remedies must be exhausted
Prisoners who file suits for damages before exhausting all administrative remedies are not entitled to a jury trial to debate factual issues relating to the exhaustion under the Seventh Amendment, the 7th Circuit Court of Appeals ruled today.