Court rules on incurred risk in malpractice suit
The Indiana Supreme Court ruled today that, in general, incurred risk isn't a defense to medical malpractice based on negligence or lack of informed consent.
Indiana Court of Appeals
Articles
Inmate’s complaint dismissed again
An inmate's complaint, which led the Indiana Supreme Court to find the Three Strikes Law to be unconstitutional last year, was properly dismissed under the Frivolous Law Claim by the trial court on remand, the Indiana Court of Appeals ruled today.
COA reverses one dismissal of inmate’s suit
The New Castle inmate with a history of filing frivolous lawsuits got a minor victory in the Indiana Court of Appeals today. The judges reinstated his complaint against the only person who presided over the inmate's disciplinary hearing for a Department of Correction rule violation for filing a frivolous claim.
Judges differ in ruling application in set-off case
Indiana Court of Appeals judges couldn't agree on the application of a previous case involving the set-off of workers' compensation payments, leading to a split court and three separate opinions in an insurance company's attempt to recoup a portion of workers' compensation benefits following a jury trial. In Travelers Indemnity Company of America v. Jerry […]
Couple not negligent in baby’s death
A couple did not breach their duty to protect a baby from a dangerous condition on their property in which a 2-month-old died after his mother smothered him while the two slept on a sofa at the couple's home.
State’s policy in court doesn’t violate constitution
The state's refusal to waive jury trials in one Marion Superior Court doesn't violate the constitutional rights of the mentally ill defendants who appear in that court, ruled the Indiana Court of Appeals.
Judges differ in stipulation matter
A panel of Indiana Court of Appeals judges disagreed on whether a defendant pleaded guilty to the enhancement of his auto theft conviction based on his previous conviction for a similar crime.
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).
Amended ordinance doesn’t apply to travel plaza
An Allen Superior Court correctly ruled that a travel plaza had a vested right to develop its plans under an original zoning ordinance, the Indiana Court of Appeals affirmed today.
Appellate court gets dismissed Voter ID case
The Indiana Court of Appeals is being asked to overturn a Marion Superior judge's decision that found the state statute requiring voters to show photo identification before casting a ballot is constitutional.
Insurer not allowed to substitute party name
An insurance company isn't allowed to substitute another party's name in a suit filed by a driver for her underinsured motorist benefits because there's no authority for substitution of a non-party before a jury in a contract case, the Indiana Court of Appeals decided today. Doing so would create a "legal fiction" before the jury.
Trial court didn’t err in denying mistrial
A trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.
State didn’t prove man used car to keep drug
The Indiana Court of Appeals overturned a conviction of maintaining a common nuisance because the state failed to prove the defendant used his car to keep marijuana.
COA affirms judgment in property-tax dispute
The Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches – property taxes.
COA splits, reverses probation revocation
The Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The judges didn't agree that the probation revocation hearing comported with due process.
COA: Casinos can’t ban card counters
An Indiana casino cannot stop someone from playing regulated blackjack simply because he counts cards, the Indiana Court of Appeals ruled today.
Justices asked to accept judicial review case
A national business group and several state associations want the Indiana Supreme Court to take a case that could impact judicial review of state administrative agency rules, particularly those that may be outside an agency's authority to address.
Appellate panel travels to Hammond
Indiana Court of Appeal Judges Michael Barnes, Patricia Riley, and Margret Robb travel to Hammond Thursday to hear arguments in a case involving the erection of a cell phone tower on town property. Arguments begin at 1 p.m. CST at the Hammond City Hall, Council Chambers in Bruce Scalambrino, et al. v. Town of Michiana Shores, […]
Court: Don’t assume undue influence by child
The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.
Lawmakers vote on COA panel, Lake County fee
Both houses of the Indiana General Assembly took action on court-related legislation Thursday.