The Indiana Court of Appeals split today on whether a school district was required to pay for the installation of a new water main as opposed to privately putting in its own water service line to connect to a new school.
In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
The Indiana Court of Appeals will allow lottery scratch-off game players’ claim of contract rescission against the state’s lottery commission to proceed to trial, but the court affirmed summary judgment in favor of the lottery on the other claims filed by the players in a class-action suit.
The Indiana Court of Appeals remanded a case today with instructions to re-examine a case about a man’s disputed classification as a sexually violent predator.
The Indiana Court of Appeals affirmed summary judgment today for a landlord who was sued by a postal carrier who was bit by a tenant’s dog that had escaped from the property. The judges declined to find that by entering into a lease, a landlord establishes a relationship to a tenant’s dog.
The Court of Appeals today affirmed a decision from the Warrick Superior Court that found the Board of Zoning Appeals of the
Area Plan Commission of Warrick County was right in allowing a 20-foot variance for the construction of a residential wind
turbine.
As adoptions have become more common and more accepted for expanding the family tree, courts have had to address some legal matters clarifying those familial ties.
Attorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42 million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned between 1973 and 1993.
The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court
of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure
the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section
29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
In affirming the involuntary termination of a mother’s parental rights, the Indiana Court of Appeals noted some troubling
details involving the case.
After a hiccup in the state judiciary’s online access to oral arguments, Indiana Court of Appeals Chief Judge John Baker
borrowed some words from television broadcasters of the past: “Please stand by.”
Eight companies are interested in outfitting the Indiana appellate courts with a case management system with public access
and e-filing capabilities.
The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest
in the subscriber information of an Internet service provider.
Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding
fraudulent concealment and the statute of limitations.
The Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim
for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against
the company and that admission is binding.
Nearly a month after an Indiana Court of Appeals panel ruled attorney’s fees aren’t recoverable under the Adult Wrongful
Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
The Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although
the judges didn’t agree on the professional obligations of the firm based on its contract.
Ruling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute
barred a woman’s claim for injuries during a horse competition.
The Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court
shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.