Articles

Prior conviction counts in sentencing decision

A prior drunk-driving conviction – reached pursuant to a state statute now repealed and recodified in a newer law – can be used in determining a person's sentence, the Indiana Court of Appeals ruled today.

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Judges disagree on punitive damages award

The Indiana Court of Appeals upheld a compensatory damage award today for a couple that was attacked, but the majority remanded the trial court's punitive damage award because it was excessive.

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Court remands to recalculate attorneys’ fees

The Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord, but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the amount was insufficient.

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COA: Award fees for litigation costs

The Indiana Court of Appeals instructed a trial court today to follow its guidance on remand to determine the amount of money to award to a man who wants to recover fees for litigation at the trial and appellate levels. The court hopes to avoid another appeal of the case.

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$1.25 million med mal verdict affirmed

The Indiana Court of Appeals has upheld a $1.25 million jury verdict and in doing so ruled on three issues of first impression
that will likely impact future medical malpractice suits.

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Adult son could file paternity, support petition

A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.

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Amendment trumps high court ruling

Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.

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Mom not in contempt over middle name change

A trial court erred in finding a mother in contempt for not changing the middle name of her child, the Indiana Court of Appeals ruled today. The appellate court remanded the case for consideration of whether the name change would be in the best interest of the child.

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Termination rash in special needs CHINS case

The Indiana Court of Appeals reversed the termination of a mother's parental rights to her special needs son, finding the decision would create a "sobering message" to parents of children who need ongoing assistance.

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Dad not in contempt for failure to pay full support

The Indiana Court of Appeals agreed a man was not in contempt for failing to pay child support ordered by a Florida court even though the Indiana trial court enforced his obligation for less than the amount ordered in Florida.

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15 apply for Court of Appeals opening

Six trial court judges, seven attorneys, one state senator, and the head of the Indiana Prosecuting Attorneys Council are vying for a seat on the state’s second-highest appellate court.

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Marion Superior judges on the move

The Marion County Executive Committee is moving a criminal court judge to the civil side to replace Judge Cale Bradford, who's joining the Indiana Court of Appeals in August.

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Venue transfer hinges on type of organization

The Indiana Court of Appeals affirmed the denial of a motion to change venues because the Indiana High School Athletic Association didn't meet its burden as a governmental organization needed under Indiana Trial Rule 75 to affirm the motion.

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