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.
Indiana Court of Appeals
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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.
Appellate court upholds murder conviction despite woman’s self-defense claim
A woman convicted of murdering a man who had been harassing her at an Evansville house party failed to convince the Indiana Court of Appeals that she was acting in self-defense or that the trial court erred in making evidentiary decisions.
Judgment for state against insurer in Lawrenceburg official’s theft reversed
The Indiana Attorney General’s Office waited too long to file claims under a crime insurance policy after a former Lawrenceburg city official absconded with more than $40,000 in misappropriated public funds, the Indiana Court of Appeals ruled Thursday, finding for the insurer and reversing a trial court judgment in favor of the state.
Denial of grandparental visitation reversed in ‘unusual circumstances’
Ruling in a case presenting “somewhat unusual circumstances,” the Indiana Court of Appeals reversed the denial of a petition for grandparent visitation, finding the trial court had erred in determining the visitation would not be in the granddaughter’s best interests. The appeals court remanded for proceedings to establish a grandparent visitation order in the case.
New murder trial affirmed for Elkhart man with mental disability
A man with a mental disability who has for years claimed he was wrongfully convicted of an Elkhart murder and who spent more than 15 years behind bars can proceed to a new trial after the Indiana Court of Appeals upheld a post-conviction relief order vacating his murder conviction.
Will dispute between siblings over family business assets remanded
A son who inherited the family business from his father must make his assets available for an appraisal after the Indiana Court of Appeals determined he may have received a “gift” subject to an abatement.
COA rejects due process complaints, affirms probation revocation
A man claiming due process violations in the revocation of his probation will continue to serve his suspended sentence in prison after the Indiana Court of Appeals rejected his appeal.
Res judicata bars property owner’s insurance suit, COA rules
A trial court properly rejected a second lawsuit brought by a Gary property owner who had already sued its insurer for coverage in a previous case involving the same parties, losses and issues, the Indiana Court of Appeals ruled Wednesday.
COA upholds judgment for teens’ doctors on parents’ constitutional claims
Tipton County parents who alleged their children were unconstitutionally treated by doctors while in a grandmother’s care failed to convince the Indiana Court of Appeals that summary judgment for the doctors was inappropriate.
COA affirms judgment for insurer in property title dispute
Howard County landowners who were not informed of the existence of an easement when they purchased their property are entitled to $3,000 in compensation for the difference in the value of the property, but not the $61,000 a court ordered them to pay the easement holders in a related lawsuit.
Feedback sought on proposed amendments to Indiana Rules of Court
The Indiana Supreme Court is seeking feedback on proposed amendments to the Indiana rules for alternative dispute resolution, appellate procedure, small claims and trial procedure.
Boost Mobile kiosk vendor booted from grocer boosted on appeal
An appellate panel has reversed for a cellphone kiosk owner subleasing space in an East Chicago supermarket after finding a Lake County judge erred in granting a motion for immediate possession by a new sublessor.
COA: Unemployment dispute fails to clear good cause hurdle
A car salesman who claimed his employer failed to pay him what he had been promised could not get the Indiana Court of Appeals to buy his argument that he qualified for unemployment benefits because he had good cause to quit his job.
Sentence in molestation case remanded to include credit time
A man sentenced to serve 25 years in prison on a child molesting conviction has successfully challenged his sentencing judgment that lacked the more than two years of credit time for the period he was behind bars awaiting sentencing.
Appeals court rules for insurer in long-term disability policy dispute
The Indiana Court of Appeals ruled for an insurer Wednesday in a dispute over long-term disability benefits, finding its policy excluded Social Security benefits and affirming an order that the recipient refund monthly payments, with interest, that the insurance company overpaid.
COA partially reverses injunction in noncompete dispute
The Indiana Court of Appeals reversed part of a trial court order restricting a Fort Wayne businessman from competing for web development business with his former employer’s clients he had serviced first as a contractor and later as an executive.
Divided COA flushes attorney fees, equipment costs in sewer judgment
Northern Indiana property owners were relieved of the bulk of a court order requiring them to pay more than $48,000 to connect to a sewer system, including a ruling on appeal voiding an award of more than $20,000 in attorney fees to the sewer district.
Hefty sentence, convictions upheld for accomplice in Avon pharmacy robbery
A man considered to be an accomplice of an armed pharmacy robber could not convince the Indiana Court of Appeals on Tuesday that his decades-long sentence was inappropriate.