The Indiana Supreme Court has agreed to review a “he said, she said” child molestation case that presented an issue of first impression and a dispute between a town government and two residents whose property was flooded.
An “abusive” pro se litigant convicted of intimidation after sending threatening letters to a judge has failed to get his conviction overturned on speedy trial grounds.
A subcontractor that sued a developer for breach of contract regarding payment after it completed the first phase of a construction project in Fort Wayne will not get relief from the Court of Appeals of Indiana.
Court of Appeals of Indiana
David Joseph Guzzo, Robert Glenn Guzzo, and Betty Jo Keller v. Town of St. John, Lake County, Indiana
21A-PL-2213
Civil plenary. Reverses the Lake Superior Court’s judgment denying the Guzzo family 150% of the fair market value of their property in an eminent domain dispute. Finds the trial court erred in interpreting Indiana Code §§ 32-24-4.5-6.2 and -8. Remands to the trial court with instructions to order the town of St. John to compensate the Guzzos accordingly. Judge Margret Robb dissents with separate opinion.
While acknowledging racism exists in the workplace, the 7th Circuit Court of Appeals found a Black nurse’s claim that she was transferred to a lower-paying job solely because of her race was not supported by the evidence.
A contractor who sued a client after they refused to pay him despite not having a physical contract will get money damages after the Court of Appeals of Indiana denied the client relief. However, the contractor will not receive any prejudgment interest.
The Court of Appeals of Indiana has upheld the entry of default judgment against a pool company, dismissing its appeal of that judgment. A dissenting judge, however, would consider the case on the merits.
Read Indiana appellate court decisions from the most recent reporting period.
The relatively few words tacked onto the end of Indiana Rule of Appellate Procedure 65(D) were the result of nearly a decade’s worth of effort by Hoosier lawyers.
Court of Appeals of Indiana
Amy Osadchuk v. Charles P. Rice and Boveri Murphy Rice, LLP
22A-CT-1068
Civil tort. Affirms the St. Joseph Superior Court’s order to grant Charles Rice and his law firm’s motion for judgment on the pleadings. Finds Amy Osadchuk’s complaint alleging legal malpractice, fraud, constructive fraud and attorney deceit and collusion was time-barred.
A businesswoman who was sued after one of her employees injured herself on the sidewalk outside of her home can’t be blamed for the icy conditions that led to her fall, the Court of Appeals of Indiana has affirmed.
A husband who was suspended from work along with his wife after they were accused of misusing FMLA leave has failed in his bid to convince the 7th Circuit Court of Appeals to reinstate his lawsuit against his employer.
The Court of Appeals of Indiana has upheld the murder conviction of a Gary woman who admitted that she fatally smothered her 1-year-old foster child in her crib in 2017.
The Indiana Supreme Court has affirmed the murder conviction and life without parole sentence of a Grant County woman, finding the child victim’s behavior did not cause adequate provocation to support the defendant’s claim she acted in “sudden heat.”
New York can for now continue to enforce a sweeping new law that bans guns from “sensitive places” including schools, playgrounds and Times Square, the U.S. Supreme Court said Wednesday, allowing the law to be in force while a lawsuit over it plays out.
The 7th Circuit Court of Appeals has revived a bankruptcy collections dispute, remanding the case to resolve a trustee’s petition to recover funds paid to a creditor. In doing so, the appellate court overturned a 39-year-old precedent.
A U.S. Army combat veteran who was stationed at Fort Hood, Texas, on the day of the 2009 mass shooting cannot call a psychologist to testify about his post-traumatic stress disorder in his murder trial, the Court of Appeals of Indiana has ruled.
The Court of Appeals of Indiana has reversed a trial court’s custody order barring a father from discussing religion with his daughter.
Court of Appeals of Indiana
Kory Easterday v. Amber (Easterday) Everhart
22A-DC-1510
Domestic relations with children. Reverses in part the Jackson Superior Court’s decision to modify the legal custody of Ka.E., the child of father Kory Easterday and mother Amber Everhart. Finds Easterday demonstrated prima facie error. Also finds the trial court erred when it based the modification of legal custody solely on religion. Finally, finds the portion of the trial court’s order totally prohibiting Easterday from discussing religion with Ka.E. violates his First Amendment right to free speech.
The Indiana Supreme Court has ruled in favor of Vectren energy, finding it followed state law when it changed its method of determining the credit its customers receive when producing excess solar and wind energy.