Ball State student may proceed in COVID breach-of-contract class action against university
A student’s class-action lawsuit filed against Ball State University for COVID-related closures can proceed, the Court of Appeals of Indiana has ruled.
Indiana Court of Appeals
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Movie theater contractor not liable for construction worker’s on-the-job injuries, COA affirms
The guardian of a man who was injured while working on a movie theater construction project has failed to convince the Court of Appeals of Indiana that a subcontractor for AMC Theatres owed the man a duty of care.
High court passes on Indiana case involving death of boy, 2
The U.S. Supreme Court has declined to hear the appeal of a man sentenced to 60 years in prison for his role in a shooting that killed a northern Indiana boy who was playing outside.
Judge pro tem appointed in Morgan Superior Court as Foley moves to COA
A senior judge has been appointed to the Morgan Superior Court to serve pro tempore following Judge Peter Foley’s selection to the Court of Appeals of Indiana.
2nd time around, COA affirms modification of custody in father’s favor
After overturning a previous modification order because the mother was unrepresented, the Court of Appeals of Indiana has affirmed the trial court’s second order giving the father primary custody of his two girls.
COA remands after finding teacher’s aide’s 6th Amendment rights violated in child molesting case
A former teacher’s assistant sentenced to more than 40 years on child molesting charges could win a partial resentencing after she presented an issue of first impression to the Court of Appeals of Indiana, which held her Sixth Amendment rights were violated.
Second round of COA interviews for Molter vacancy scheduled for Oct. 12
A second round of interviews for the group of finalists vying for an opening on the Court of Appeals of Indiana has been scheduled for Oct. 12.
COA finds utility company met TDSIC requirements
An attempt to short circuit the state’s approval of a power company’s plan to upgrade the system and increase rates through the TDIC mechanism was disrupted when the Court of Appeals of Indiana found the plan and the state regulators were grounded in statute.
COA: Officers didn’t violate motorcyclist’s Fourth Amendment rights during stop
A southern Indiana man who argued police conducted an illegal search and arrest on him because they were looking for a different man with a warrant couldn’t convince the Court of Appeals of Indiana his resisting law enforcement and drug possession charges should be dropped.
COA rejects state’s attempt to rush but sets quick pace in abortion appeal
The Court of Appeals of Indiana has denied the state’s motion to hurry up and reinstate the new abortion law that was overturned last week in the Monroe Circuit Court.
Statute of limitations correctly applied under Indiana Accountancy Act in tax dispute, COA affirms
The correct statute of limitations was applied in a dispute between an accountant and a business that claimed the accountant’s work resulted in it paying significantly more in federal and state taxes, the Court of Appeals of Indiana has ruled.
Appellate court splits in first impression ‘he said, she said’ child molesting case
Court of Appeals of Indiana judges parted ways on an issue of first impression in a “he said, she said” child molestation case, with the majority finding that a man was not given a fair opportunity to challenge the “she said” part of the evidence.
COA: Contractor not liable for worker’s slip and fall
A construction worker who slipped and fell while trying to step from a ladder onto a scaffolding platform was unable to regain his footing before the Court of Appeals of Indiana, which found the contractor’s focus on safety did not indicate a duty of care.
Father who tried to attend online CHINS hearing in person secures COA reversal
A Marion County father who mistakenly tried to attend a child in need of services hearing in person instead of online shouldn’t have been denied a new factfinding hearing, the Court of Appeals of Indiana has ruled.
Indiana Court Decisions: Sept. 8-21, 2022
Read Indiana appellate court decisions from the most recent reporting opinion.
Collaboration and community: Foley joins Court of Appeals; takes Morgan Co. roots with him
Indiana Gov. Eric Holcomb announced Judge Peter Foley’s appointment to the Court of Appeals on Sept. 14. He’ll succeed longtime Judge Edward Najam Jr., who retired this summer after more than 30 years of judicial service.
6 finalists selected for 2nd interviews to succeed Molter on COA
The seven-member Indiana Judicial Nominating Commission has selected six finalists for the Court of Appeals of Indiana to succeed Justice Derek Molter, who joined the Indiana Supreme Court earlier this month.
JNC wraps up initial COA interviews for Molter vacancy
The Indiana Judicial Nominating Commission hunkered down at a large table in the Indiana Supreme Court conference room in Indianapolis on Tuesday morning to begin its interviews for an opening on the Court of Appeals of Indiana.
COA reverses for Hamilton Co. couple over duck hunters in land dispute
An Arcadia couple in an easement dispute with a duck hunting group has secured a pair of reversals from the Court of Appeals of Indiana.
AG appeals to Supreme Court to get abortion injunction overturned
The Indiana attorney general is attempting to skip a step in the appellate process and take the question of whether the state’s new abortion law is constitutional straight to the Indiana Supreme Court.