Court: insufficient notice bars tort claim
The Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium
complex and its various longtime issues.
Indiana Court of Appeals
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COA extends judicial immunity to arbitrators
The Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award
to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their
sponsors.
Justices grant 3 transfers
The Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices
examined a total 35 cases that were before them for possible transfer.
Woman loses bid for new trial, appeals
A Greensburg woman – who said she was wrongfully convicted 14 years ago of an arson that killed her son – has lost her latest bid for a new trial and is now taking her case to the Indiana Court of Appeals.
Appellate rulings can create confusion for attorneys, trial judges
Clear and concise court rulings are what judges hope can be produced, so that lawyers and lower courts can have guidance on
how to address a particular legal issue. But that doesn’t always happen.
Court defines due process rights for drug court participants
The Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug
court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.
Court declines to review commitment cases differently
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act
The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.
Judge worries ruling may make bright-line rule in traffic stops
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
Arbitration of FCRA claim survives bankruptcy discharge
A man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy
proceedings, the Indiana Court of Appeals ruled today.
COA: Trial court to decide pre-sentencing educational credit time
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing,
the Indiana Court of Appeals ruled today.
Judges disagree on whether grandfather can adopt
Judges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but
allow the mother to retain her parental rights under Indiana law.
Medicaid applications review policy doesn’t violate federal law
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability
application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled
today.
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.
State, federal double-jeopardy challenge fails
A man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals,
which affirmed the trial court in a case involving multiple child pornography videos.
COA reverses juvenile’s exploitation adjudication
The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state
didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
3-step test needed to balance rights
Indiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court
of Appeals concluded today on the matter of first impression.
Town lacked needed consents to annex land
The Indiana Court of Appeals addressed for the first time whether the waiver of the right to object to,
remonstrate against,
or appeal an annexation constitutes “consent” to an annexation under Indiana Code.
COA: insurer received actual notice from clients
The insurance company that provided legal professional liability coverage for the attorney who abandoned his practice and
went on a crime spree did receive actual notice of the attorney’s clients’ claims against the insurer, the Indiana
Court of Appeals ruled today.
Title company didn’t have authority to close real estate deal
For the first time, the Indiana Court of Appeals has decided that a title insurance agent is not also an agent of the title
insurance company with respect to escrow and closing services.