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.
First Impression
Articles
Court rules on first impression ‘alibi’ witness issue
A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana
Court of Appeals ruled today in an issue of first impression.
7th Circuit rules on attorney withdraw brief practicalities
Ruling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case
to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney
withdraw briefs on those issues.
COA upholds eviction action
A trial court properly treated a couple's action against the man who agreed to purchase a house from them
as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of
a pre-closing possession agreement like the one in the instant case.
COA rules on first impression railroad issue
In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on
unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries
he sustained while employed with a transportation company.
COA: no error in admitting no contest plea
A plea of no contest can be admitted under Indiana Evidence Rule 803(8) as a public record proving the fact of a conviction, the Indiana Court of Appeals affirmed today. The appellate court found no error in admitting a defendant's nolo contendere plea to a Florida murder as proof he was convicted of an offense qualifying him as a serious violent felon.
Couple not a ‘successful party’ in settlement
Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney
fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
7th Circuit addresses post-trial factual stipulation
The 7th Circuit Court of Appeals addressed an issue of first impression today about whether a District Court may disregard a post-trial factual stipulation between the defendant and the government regarding the amount of drugs for sentencing purposes.
Judges disagree on retroactive support issue
In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
COA: No presumption of undue influence
A 2005 amendment to Indiana Code sets aside the common law presumption of undue influence with respect to certain transactions
benefiting an attorney in fact, the Indiana Court of Appeals ruled today on an issue of first impression.
Supreme Court grants 3 transfers
The Indiana Supreme Court granted three transfers Wednesday, including a case of first impression on sentence enhancements.
Circuit Court rules on first impression issue
The 7th Circuit Court of Appeals resolved an issue of first impression today: what is needed to be deemed "adequate writing" under the Telecommunications Act of 1996.
Majority: No double jeopardy in enhancement
In a matter of first impression, the Indiana Court of Appeals was divided about whether a man's sentence enhancement based on his use of a deadly weapon violated the application of double-jeopardy principals.
Tax court rules on inheritance issue
In Indiana, a person adopted pre-emancipation can't be considered a Class A transferee beneficiary for inheritance tax
purposes, the Indiana Tax Court ruled Thursday afternoon in an issue of first impression.
High court grants 6 transfers
The Indiana Supreme Court granted transfer today to decide whether casinos can ban card counters. The high court also granted transfer to five cases Thursday, including a case of first impression regarding post-retirement health-insurance premiums.
COA: Just running red light not reckless
Ruling on the issue for the first time, the Indiana Court of Appeals held that not stopping at an intersection cannot, without more evidence, constitute criminally reckless conduct and establish a prima facie case.
Casino wins compulsive gambling appeal
Casinos don't have a common law duty to protect compulsive gamblers from themselves, and aren't required to refrain from trying to entice those people into their establishments, the Indiana Court of Appeals ruled today in a matter of first impression.
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).
First impression for habitual offender statute
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant's prior conviction for conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute.
Apartment creates issue of first impression
In an issue of first impression, the Indiana Tax Court decided housing owned by a non-profit that receives governmental subsidies to rent to low- and moderate-income people at below-market rates is not property used for a charitable purpose.