Although tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the bank acted in good faith.
The Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.
A majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way it appears it could be holding a gun.
The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.
The Indiana Court of Appeals affirmed a man's conviction of child molesting, ruling he failed to prove the trial court erred by excluding certain evidence regarding his victim.
The issue of whether the Journey's Account Statute applied to a woman's medical malpractice claim filed after the statute of limitations expired caused a split of an Indiana Court of Appeals panel.
In an issue of first impression, the majority of Indiana Supreme Court justices ruled an employee filling multiple positions with the same employer is eligible for leave under the Family and Medical Leave Act if the employee’s total service is sufficient to qualify, even if the service in either position alone doesn’t qualify.
Noting a paradigm shift in parental rights termination cases due to House Enrolled Act 1001, one Indiana Court of Appeals judge believed the Department of Child Services instead of the counties should be responsible for the costs of appointed counsel in these types of proceedings.
The Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties don't claim this action alters their appeal.
The Indiana Court of Appeals affirmed the denial of a man's petition for post-conviction relief, finding the defendant's trial counsel wasn't ineffective for arguing a single larceny rule defense because it wasn't applicable in this case.
Because an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court of Appeals ruled today.
The Indiana Court of Appeals travels to Oxford Tuesday to hear arguments in a drug case.
Judges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.
The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.
Even if the Indiana Court of Appeals concluded the trial court violated statute by failing to set a juvenile delinquency hearing within the 60-day time limit, the appellate court doesn't believe the statute authorizes dismissal of the charges as the defendant argues.
The Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts, and other objects were placed along a disputed easement area to prevent people from driving along it.
A trial court didn't clearly err when it dismissed drunk driving charges against a defendant as sanctions for the state's discovery violations, the Indiana Court of Appeals concluded today.
The Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted a bill that eliminated her office and transferred her duties to the county assessor.
The Indiana Court of Appeals reversed the denial of a motion for discharge pursuant to Criminal Rule 4(C) because the court incorrectly attributed delays to the defendant.
Potential plaintiffs who want to join a class action suit seeking redress under the state's Wage Claims Statute must first submit a claim to the Indiana Department of Labor, the Indiana Court of Appeals upheld today.