COA reverses summary judgment in moldy building dispute
A negligence and breach complaint related to a mold-infested building can continue after the Court of Appeals of Indiana reversed the entry of summary judgment.
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COA reverses, rules mother’s petition was sufficient to raise SIJ status for child
A mother’s motion to amend language in her paternity judgment to conform with her child’s federal immigration petition requirement should have been granted, the Court of Appeals of Indiana ruled Wednesday.
Factual issues need resolution in Hamilton County billboard dispute, COA rules in reversal
A factfinding hearing must be held regarding the state’s removal of a billboard sign along U.S. 31 before a trial court can decide if a taking occurred or enter an order of appropriation, the Court of Appeals of Indiana ruled Wednesday.
Bar fight wasn’t foreseeable, COA rules in reversal
A Muncie bar fight was not foreseeable, the Court of Appeals of Indiana has ruled in reversing the denial of summary judgment to the bar’s current and former owner.
Reversal: Mother’s previous abandonment of children doesn’t rebut parental presumption in grandparent custody case
A mother’s abandonment of her children five years ago does not mean the children’s grandparents should get custody, a split Court of Appeals of Indiana has ruled.
Damages based on traffic flow were too high in I-69 takings case, COA rules
Indiana Supreme Court precedent holding that damages associated with traffic flow variations are not compensable is controlling in a case where the state seized a parcel of land in Johnson County for the I-69 project, the Court of Appeals of Indiana ruled.
Probation department entitled to quasi-judicial immunity on estate’s negligence claim, COA rules
The Marion Superior Court Probation Department is entitled to immunity against the negligence claim brought by the estate of a man who was killed by a juvenile on probation, the Court of Appeals of Indiana has ruled.
COA reverses, finding tenant denied due process in eviction proceeding
A small claims court violated a tenant’s due process rights when it did not give her adequate notice of a hearing on a nonemergency eviction claim and did not allow her to prepare and present her defenses, the Court of Appeals of Indiana ruled.
COA rejects 4th Amendment arguments but finds insufficient evidence to support marijuana conviction
A man convicted of drug charges could not convince the Court of Appeals of Indiana that meth-related evidence was improperly admitted at his trial, but he did prevail on his argument that there was insufficient evidence to support a marijuana conviction.
Grandfather can proceed with visitation petition, COA rules in reversal
A grandfather may proceed with his petition for visitation with his grandchild, the Court of Appeals of Indiana has ruled in reversing the dismissal of that petition.
COA allows nurse’s med-mal complaint against doctor to continue
A nurse who contracted a skin infection through her work at a Hobart hospital can pursue a medical malpractice complaint against a physician, the Court of Appeals of Indiana ruled in a Thursday reversal.
COA reverses drug convictions because arresting officer wasn’t in ‘distinctive’ uniform
The Court of Appeals of Indiana has ordered the reversal of a man’s drug-related convictions after determining that the officer who arrested him was not wearing a “distinctive” uniform, making the underlying traffic stop invalid.
2 aggravated battery convictions related to judges’ 2019 shooting overturned, but defendant’s self-defense, fundamental error claims rejected on appeal
The man convicted of aggravated battery and other charges in connection with the 2019 shooting of two Indiana judges will see two of his aggravated battery convictions overturned for a double jeopardy violation, although his other convictions were upheld.
IN Supreme Court: Credit union member’s silence on proposed agreement addendum did not constitute acceptance
A woman who filed a class-action complaint against a credit union didn’t accept an addendum to an agreement that would have forced arbitration, a split Indiana Supreme Court has ruled in reversing a trial court’s decision.
‘It’s 2023, for heaven’s sake’: 7th Circuit orders district court to consider reasonableness of wheelchair-accessible ramp at Shelbyville Post Office
A woman in a wheelchair fighting for a ramp at her local post office will be able to make her argument in court after the 7th Circuit Court of Appeals vacated summary judgment for the United States Postal Service, which so far has refused to build the ramp.
Questions over company’s duty to warn firefighter leads to COA reversal of summary judgment
There were genuine issues of material fact concerning a Fort Wayne firefighter’s complaint against an electric scooter company for failing to warn him about a gap in a wall, the Court of Appeals of Indiana ruled Monday.
Justices order new sentencing hearing for man hospitalized on sentencing date
A man whose child molesting sentence was handed down while he was in the hospital did not waive his right to be present at sentencing, the Indiana Supreme Court ruled Thursday in vacating the sentence and ordering a new hearing.
Criminal contempt defendants entitled to appointment of mental health experts, COA rules
Defendants facing criminal contempt are entitled to the same statutory protections as other criminal defendants, including the right to the appointment of mental health experts, the Court of Appeals of Indiana ruled in a Tuesday reversal.
IN justices decline review of suppression order in case of man charged as teen with murder
Evidence found in the bedroom of a man charged as a teen with three killings can be admitted at the man’s murder trial after the Indiana Supreme Court declined to review the reversal of a suppression order.
No proof man intended to deal meth, split COA rules in reversal
There was no evidence that a man intended to sell the methamphetamine found in his possession during a traffic stop, a split Court of Appeals of Indiana ruled Wednesday in reversing a dealing conviction.