Indiana Court decisions – April 8-21, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
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COA affirms for Michigan City in property fraudulent transfer dispute
An appellate panel has sided with a northern Indiana city involving its attempts to satisfy default judgments against a family for incurred and future investigation and remediation costs associated with a property they own where a manufacturing facility was once located.
Justices overturn ruling to pay contractor after bank acquired business
The Indiana Supreme Court on Thursday struck down lower court rulings in favor of an unpaid contractor that performed work for a South Bend business, finding that because the business’s assets are now owned by a bank rather than the prior company, the new bank-owned business is not liable for the bill.
COA: Guardian can deposit check but not exercise estate planning
Although an adult guardian properly deposited a check after his ward died, the trial court did not err in denying the guardian’s request to exercise estate planning, the Indiana Court of Appeals has ruled.
COA rules for property owners in easement dispute with hunting club
A Dearborn County hunting club can’t use an easement to access its business, the Indiana Court of Appeals ruled, affirming a judgment for adjoining property owners who claimed the club violated the terms of the easement.
COA: No duty owed to couple struck by drunk driver in grocery store parking lot
A Sullivan County grocery store’s landlord had no duty to protect a couple from being struck by a drunk driver on its premises, the Indiana Court of Appeals concluded in a Monday decision.
JNC to interview candidates to succeed Kirsch on COA in May
All 23 lawyers and judges who applied to succeed Judge James Kirsch on the Indiana Court of Appeals will be interviewed by the Indiana Judicial Nominating Commission next month.
Justices to hear in-person arguments next week
The Indiana Supreme Court will hear arguments in person next week in three cases, including a dispute over a missed hepatitis diagnosis and allegations of a breached settlement agreement.
Foreclosure case remanded over statutory violation
A foreclosure dispute over a Middletown home is headed back to the trial court in Henry County after the Indiana Court of Appeals determined an order granting immediate possession of the home to its seller was erroneous.
Split 7th Circuit orders resentencing for murder defendant after ‘literally no assistance’
A convicted murderer who during sentencing received “literally no assistance from his lawyer” won resentencing after a majority of a 7th Circuit Court of Appeals panel reversed the denial of his habeas petition. A dissenting judge, however, opined that the majority’s holding improperly expands U.S. Supreme Court precedent.
Health provider loses Medicaid appeal seeking OTC medicine reimbursement
A company that operates health care facilities for people with mental disabilities has lost an appeal of judgments saying it was not entitled to reimbursement from the state’s Medicaid program for the costs of over-the-counter medication.
COA reverses reopening of dismissed eminent domain action
Homeowners challenging a Lake County public construction project must challenge the project’s impact on their property through a new inverse condemnation action, the Indiana Court of Appeals has ruled, reversing a ruling allowing the homeowners to reopen a previously dismissed lawsuit.
Web Exclusive: NCAA, broadcaster in contract dispute over COVID cancelation of March Madness 2020
After the fanfare of the 2021 NCAA March Madness Tournament, the Indianapolis-based college athletics organization is heading back to the court — this time, an actual courtroom in the Circle City — in a contract dispute over a radio broadcast contract canceled during the pandemic.
Female judges encourage women to seek out the bench, become ‘seed planters’
Women who aspire to become judges need mentors and role models to help show the way. One longtime Indiana appellate judge shared the value of such encouragement that speaks to the experience of many female jurists: “She saw something in me that I didn’t see in myself. That caused me to apply.”
DTCI: COA allows medical bills in PI suit seeking only damages
In ruling on an issue of first impression, the Indiana Court of Appeals rejected a a plaintiff’s argument that medical bills are never relevant to pain and suffering, noting that common sense suggests that a more serious injury results in higher medical expenses, and vice versa.
Security guard charged with murder loses appellate bid for release on bail
An Indianapolis security guard who shot and killed a woman in her vehicle must remain in jail until his trial, the Indiana Court of Appeals has ruled, affirming the denial of the guard’s petition for release on bail in a “close case.”
Justices grant transfer to 2 cases, including first impression search warrant question
The Indiana Supreme Court has granted transfer to two cases, including one case presenting an issue of first impression as to whether law enforcement can establish probable cause for a search warrant based only on the smell of marijuana.
Fired Anthem exec loses appeal of verdict for insurer
A jury verdict against a fired Anthem, Inc. executive will stand after the Indiana Court of Appeals declined to overturn the denial of the former insurance exec’s requests for a new trial.
COA allows second deposition of alleged child molesting victim
An alleged child molesting victim must be deposed by her alleged molester’s defense team again, the Indiana Court of Appeals has ruled, finding the defendant is entitled to take a second deposition as he prepares for a second trial.
COA affirms $245K judgment against brother in family farm dispute
An order for a brother to pay nearly $245,000, including more than $100,000 in attorney fees, in a dispute with his siblings over a breach of their mother’s revocable trust was affirmed Friday by the Indiana Court of Appeals.