$479K judgment against Crown Point grocer in slip-and-fall case upheld
A jury verdict for a woman who was seriously injured in a fall on a snow-covered sidewalk outside a Crown Point grocery store was upheld Friday by the Indiana Court of Appeals.
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Appeals court puts Indiana Grand horseman’s negligence case out to pasture
A horseman who claims he was injured after another rider’s horse got loose during training exercises at Indiana Grand Racing & Casino didn’t win, place or show Friday at the Indiana Court of Appeals.
COA rules trial court erred in grandparent visitation case
The Indiana Court of Appeals overturned a ruling that had prevented a couple from seeing their grandchild, finding the trial court’s grant of the mother’s petition to dismiss the paternity cause after the grandparents had intervened would likely extinguish their right to visitation.
Divided COA panel finds for woman wrongly told hepatitis test was negative
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated Friday by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.
COA dismisses long-running suit from deaf litigant denied sign interpreter
A deaf man’s lawsuit that challenged the denial of a request for a sign language interpreter in a court-ordered family law modest means mediation was dismissed on appeal Friday.
Insurer owes no coverage in $50M Elkhart damages ruling, 7th Circuit affirms
A federal court ruling in favor of the insurer of a wood processing facility in Elkhart that was the subject of years of environmental litigation brought by neighbors was affirmed Thursday. The 7th Circuit Court of Appeals held Westfield Insurance owed no duty to cover its insured against an environmental damages award of more than $50 million.
Appeals court tosses battery with deadly weapon conviction
A man’s confession to police was ruled insufficient without other evidence of a crime to support his conviction of battery with a deadly weapon, the Indiana Court of Appeals ruled Wednesday, vacating a conviction in a domestic violence case.
COA upholds escape conviction but encourages Legislature to reconsider statute
Even while the Indiana Court of Appeals upheld the two escape convictions of a Shelby County man, the appellate panel noted it was concerned that the defendant who was ultimately found not guilty still has a pair of felonies on his record for “relatively minor violations” of pretrial home detention rules.
Seeking a safe harbor: Manufacturers call for liability protections amid COVID-19 efforts
As the novel coronavirus began its spread across the United States, virtually every industry adjusted operations. That includes the manufacturing industry, which was faced with the dichotomy of the need for layoffs and the need for additional output. But as these businesses have aided in the effort to slow the spread of the virus, industry experts say there’s a shadow over their work: the fear of liability lawsuits.
Dreyer: Judge John Baker — A ‘listening’ kind of justice
As his judging life comes to a crossroads, Judge John Baker sees similarities between his first days in small claims court and his last days now on the Court of Appeals.
7th Circuit rejects sentence appeal as ‘way short of due diligence’
The 7th Circuit Court of Appeals has affirmed the denial of a man’s claim that he is entitled to resentencing, concluding that his request was much too late.
Second round of interviews announced for coming COA vacancy
Seven semifinalists vying for the Indiana Court of Appeals judicial vacancy left by retiring Judge John Baker will be interviewed in person by the Judicial Nominating Commission on July 1. The interviews come after 13 applicants were interviewed remotely earlier this month.
COA affirms driver waived claims of error in car accident case
The Indiana Court of Appeals has affirmed a jury’s verdict in a car accident dispute, finding the driver determined most at fault has waived his claims of error.
Battery convictions sustained for man who burned child
A man convicted of burning his girlfriend’s child could not convince the Indiana Court of Appeals on Monday that his several convictions of battery subjected him to double jeopardy.
Supreme Court rules SEC can recoup money in fraud cases
The Supreme Court on Monday preserved an important tool used by securities regulators to recoup ill-gotten gains in fraud cases.
Judge reduces jury damages award for doctor in defamation case
A doctor will have to settle for just $3.5 million in damages rather than the $4.75 million a Marion Superior jury awarded after a judge on Friday reduced the jury’s award in a defamation case brought against a Carmel hospital after the doctor was falsely accused of drinking on the job.
7th Circuit removes East Chicago lead pollution case to federal court
Companies sued by residents who claim their former housing complex in East Chicago was polluted by toxins including lead and arsenic prevailed in their bid to have the case heard in federal rather than state court. In doing so, the 7th Circuit Court of Appeals also eased the standard for when a defendant may assert a defense of acting under federal authority.
COA affirms denial of mother’s premature motion to modify child custody
A mother who fought to modify custody of her two children before the court entered her dissolution decree has had her request rejected by the Indiana Court of Appeals.
Charlestown zoo barred from taking in new animals
An embattled wildlife center in southern Indiana that’s being sued by the state and by an animal welfare group for allegedly abusing big cats and other exotic animals cannot take in new animals while that lawsuit is pending, a judge has ruled.
Appeals court remands for sentencing order to reflect not guilty verdict
A sentencing order that failed to account for a man’s not guilty verdict prompted a remand from the Indiana Court of Appeals on Thursday to fix the omission.