Oral argument set for ex-Indiana elections chief
The next step in former Indiana Secretary of State Charlie White's fight to overturn his voter fraud conviction is set for next month.
Indiana Court of Appeals
Articles
Mill not entitled to prejudgment interest on breach of contract claim
The Indiana Court of Appeals upheld a $36 million award to an East Chicago mill after a braking system failure led to the spillage of molten iron within the shop. But the judges reversed the grant of more than $3 million in prejudgment interest.
COA: Standard of care same for all doctors
The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.
Doctrine of continuing wrong not applicable to man’s malpractice claim
The Indiana Court of Appeals reversed the denial of summary judgment in favor of a physician and a medical group on a patient’s claim of malpractice after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.
AG asks court to appoint attorney as receiver of INCASA
Indiana Attorney General Greg Zoeller has asked a Marion County Court to appoint an attorney as receiver of an Indianapolis-based nonprofit that suspended operations in June due to financial insolvency.
Residents not entitled to refund for alleged Barrett Law violations
The city of Indianapolis does not have to pay nearly $3 million in damages to residents who paid in full their share of the costs of sewer improvements. A couple sued after discovering the city had changed its financing plan and forgave future payments by those who still owed the city.
Judges uphold denial of motion to suppress on rehearing
The Indiana Court of Appeals, after clarifying a point in their original opinion, still did not believe that a police detective tried to mislead a judge in order to obtain a search warrant. The judges upheld their original decision that affirmed the denial of a man’s motion to suppress evidence collected at his home following drug deals.
All appeals judges retained by voters
The four Indiana appellate judges up for retention this year received approval from voters Tuesday.
Insurer on the hook for nearly $64,000 in home repairs following storm
An insurance company, based on the terms of its policy, is required to cover storm damage to the home of a northern Indiana couple, the Indiana Court of Appeals affirmed Wednesday. The insurer argued deteriorated shingles were the cause of the water damage in the home.
COA affirms South Dakota law applies to personal injury case
A Marion Superior Court did not err when it decided that the location of an accident involving a drowsy driver – South Dakota – should be the applicable law in a case brought in Indiana.
DCS supervisor testimony did not sway case against father
Allowing a child services supervisor’s hearsay testimony about a father’s fitness to retain his parental rights was, at most, a harmless error, the Indiana Court of Appeals has ruled.
Summary judgment inappropriate in light of pending discovery
Noting a pending discovery may still turn up answers, the Indiana Court of Appeals overturned a summary judgment and allowed a feud between former business partners to continue.
Treatment facility that released patient information not entitled to summary judgment
A man who says he is suffering negative repercussions after a mental health facility released his medical information to a family member will be able to move forward with his case in court.
COA: Insurance agent did not have duty to advise
The Indiana Court of Appeals affirmed summary judgment in favor of an agent and an insurance company after the owner of a pub sued them believing they owed a duty to advise that the policy the pub chose would be insufficient to cover the replacement cost of the building.
Judges affirm county commissioners can sue attorney for legal malpractice
The trial court did not err in denying an attorney’s motion to dismiss a legal malpractice claim brought against him by Clark County’s Board of Commissioners and Aviation Board, the Indiana Court of Appeals ruled.
Trial court lacked authority to order dad to pay for child’s college
Tackling an issue of first impression involving a request for payment of post-secondary education expenses, the Indiana Court of Appeals held that a child support order under I.C. 31-16-6-6 refers to the parties’ most recent order concerning support.
COA dismisses appeal as moot since inmate has been released
Because a man who was sent to the Department of Correction after his community corrections placement was revoked has been released from prison, his appeal is moot, the Indiana Court of Appeals ruled Friday.
Judges dismiss appeal of small claims judgment as untimely
Finding an auto dealer untimely appealed the denial of his motion to correct error regarding a judgment in favor of a buyer, the Indiana Court of Appeals dismissed the appeal.
Judges reverse teen’s adjudication for resisting law enforcement
Citing lack of evidence, the Indiana Court of Appeals reversed an Indianapolis teen’s adjudication as a juvenile delinquent for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. None of his actions suggested any criminal activity was afoot.
Court orders more proceedings on injured subcontractor’s negligence lawsuit
Finding genuine issues of material fact exist in a negligence lawsuit as to the general contractor’s role in a subcontractor’s injury, the Indiana Court of Appeals reversed summary judgment and ordered further proceedings.