In a dispute over smells from a produce business drifting into neighboring businesses, the Indiana Court of Appeals affirmed that the manager of the shopping plaza is not entitled to preliminary injunctive relief for cooking foods without proper ventilation.
The Indiana Court of Appeals Thursday agreed with a couple that their auto insurance policy is ambiguous because the two-year contractual limitation provision conflicts with another provision requiring full compliance with the contract.
Finding a company did not satisfy its burden of proof under Indiana Trial Rule 56(C) when attempting to collect on a breach of a credit card contract, the Indiana Court of Appeals on Friday reversed summary judgment in the case.
The Indiana Court of Appeals rejected a man’s argument Friday that he couldn’t be convicted of Class A felony child molesting under the accessory statute because the perpetrator was under 21 at the time of the molestations.
In a dispute over whether two law firms should have to repay money from a judgment they received by way of attorney liens, the Indiana Court of Appeals held that the law firms are judgment creditors, so they are liable to pay restitution to the state of Indiana.
A panel on the Indiana Court of Appeals will hear arguments later this month on whether the state should have to pay more than $62 million to IBM after cancelling its billion-dollar contract with the company to modernize Indiana’s welfare system.
A defendant attempted to persuade the Indiana Court of Appeals that the Class A felony classifications for dealing or possession of cocaine are disproportionate by pointing to the recent revisions to the Criminal Code. The new criminal classifications and sentencing structure that take effect next year no longer include these crimes in the highest level of felonies.
A Lake Superior judge did not abuse her discretion in sentencing a woman to 35 years for neglect of a dependent after the woman’s stepson died following years of abuse.
An Allen County jury returned a guilty verdict Tuesday afternoon in the trial of Indianapolis Metropolitan Police Officer David Bisard. Bisard faced nine charges stemming from a deadly accident in August 2010 when his police cruiser struck motorcyclists stopped at an Indianapolis intersection.
The laws in place to protect children caught in the middle of a custody battle were ignored by a St. Joseph Superior Court, the Indiana Supreme Court ruled Tuesday, pointing to a change in custody despite a lack of a proper evidentiary hearing.
The 7th Circuit Court of Appeals agreed with the lower court Monday that a lawsuit brought by a former soccer coach at Oakland City University against an arresting officer should be dismissed for being time-barred. Christian Serino alleged his constitutional rights were violated and multiple state-law torts were committed after trespass and resisting law enforcement charges against him were dropped.
The 7th Circuit Court of Appeals agreed Thursday with an Indiana woman acting as guardian for a relative that the state can’t retain the interest earned on unclaimed property once the owner files a valid claim to the property. Katherine Cerajeski argued that action by the state is a taking that violates the takings clause in the Constitution because the owner is paid nothing for his lost interest.
Are Marion County Township courts “judicial districts” under the Fair Debt Collection Practices Act, thus allowing a man to sue a debt collector for bringing an action in an inconvenient township court? Depends on who you ask on the 7th Circuit Court of Appeals, as the majority ruled in favor of the debt collector Thursday.
The Indiana Supreme Court granted a man’s petition for rehearing regarding his sentencing order, but again rejected his claim that concurrent sentences are required.
Based on the language of the recently amended statute defining public intoxication, the Indiana Court of Appeals reversed a man’s conviction due to lack of evidence that he endangered his life or the life of someone else.
The Indiana Court of Appeals Thursday decided that it was improper for it to accept a man’s appeal of his motion seeking to exclude video recordings of video files found on his phone. The judges accordingly dismissed David Wise’s appeal.
A woman who attempted to shoplift from an Indianapolis K-Mart was not subject to double jeopardy when she was convicted of resisting law enforcement and disorderly conduct. She argued the court could have based the convictions on identical facts.
A student who filed a lawsuit against his school corporation after he was assaulted by a fellow student while a teacher was in the hallway lost his negligence case on appeal Thursday. The Indiana Court of Appeals affirmed summary judgment in favor of the school.
The state did not have sufficient evidence to convict a man of possession of cocaine under the intent prong of constructive possession, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed the defendant’s drug conviction.
The Indiana Court of Appeals affirmed a man’s multiple convictions for molesting three children, rejecting the defendant’s claims that the state committed prosecutorial misconduct when it commented during closing arguments on the truthfulness of his testimony.