COA: trial courts can limit administrative review
State law allows a trial court to decline to hold a jury trial and limit its review of a local municipality’s administrative decision, according to the Indiana Court of Appeals.
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Judges rule on Clark County surveyor’s suit
The Indiana Court of Appeals affirmed summary judgment for the former Clark County surveyor in his request that he should have been involved in a project involving Lancassange Creek. But the judges reversed summary judgment for the surveyor regarding whether he should have been involved in a project in a subdivision.
Justices divided on whether accident is covered by policy
The Indiana Supreme Court ruled 3-1 Tuesday that an insurer for the Indiana Youth Soccer Association does not have to provide coverage for an accident involving a Carmel team during a trip to Colorado for a soccer tournament.
7th Circuit to hear arguments in NCAA price-fixing lawsuit
The 7th Circuit Court of Appeals hears arguments Monday in a case brought by two former NCAA athletes whose scholarships were revoked after injuries. The litigants claim that they were wrongly denied multi-year scholarships that would have covered the cost of their bachelor’s degrees.
State Supreme Court’s robo-calls ruling carries over to federal lawsuit
A ruling by the Indiana Supreme Court upholding the state’s automated phone call ban has found its way into the briefing of a federal appeal challenging the same statute, and the attorneys disagree on whether the state justices adequately addressed a First Amendment issue.
COA: will can be admitted in Indiana
Relying on the majority rule, the Indiana Court of Appeals concluded that a man’s will that was denied probate in Illinois could be admitted in Indiana to deal with real property located here.
COA: post-conviction proceedings not equivalent to civil proceedings
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.
Court rejects claims of fraud from trust beneficiary’s children
The Indiana Court of Appeals has held that two siblings who have accused their mother of fraud with regard to a family trust account did not present any material issue of fact to support their argument.
COA rules on estate representative’s banking activity
The Indiana Court of Appeals has overturned a Lake County judge in an estate case involving a personal representative who conducted banking transactions for an elderly man before his death.
Split COA reverses trial court in personal injury case
Two Indiana Court of Appeals judges reversed a trial court’s denial of a woman’s motion for prejudgment interest in a case stemming from a car crash.
Judges find eviction was allowed
The Indiana Court of Appeals has ruled that M&I Bank was allowed to evict two residents of a home that had been foreclosed because they were leasing and the bank had become owner in a sheriff’s sale.
Justices uphold Indiana robo-calls ban
The Indiana Supreme Court has held the state can continue enforcing a ban on automated robo-calls, with four justices finding that enforcement does not violate the Indiana Constitution’s free speech rights.
Appeals court sides with snubbed relative in estate case
The Indiana Court of Appeals has reversed a probate court’s conclusion that a deceased woman’s son lacks standing to contest a settlement agreement.
Child’s disability has no bearing on wrongful death suit filed by adult
A woman who filed a belated wrongful death suit as personal representative for her son’s estate is bound by the two-year statute of limitations, regardless of the fact that her grandchild has a disability.
Justices to consider certified question on municipal reorganization
The Indiana Supreme Court has accepted a certified question from a federal judge in Indianapolis that asks whether a township can reorganize into a city in a way that deprives some residents of their statutory rights to vote for mayor and city council.
7th Circuit rules school provided appropriate public education
Hamilton Southeastern Schools has prevailed on appeal that it does not have to reimburse two parents for their son’s special education at another institution because they claimed the school system wasn’t providing a free appropriate education to their son, who had a traumatic brain injury.
7th Circuit allows Indiana to enforce ban on out-of-state robo-calls
The 7th Circuit Court of Appeals has ruled that Indiana is allowed to enforce the statute that restricts out-of-state robo-calls while an appeal on the issue is ongoing.
Judge upholds Delaware County smoking ban
Delaware Circuit Judge Marianne Vorhees refused to strike down an ordinance passed this summer by the county commissioners that enhanced the county’s smoking ban by prohibiting smoking in bars and private clubs. In her ruling Wednesday, she said those who are unhappy with the ordinance should use the political process to try to change it.
In issue of first impression, COA reverses union decision
Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.
Federal Circuit hears judges’ pay case
A federal appellate court heard arguments Friday in a case that could ultimately decide if Congress has the authority to withhold judicial pay increases as it’s done in the past or whether cost-of-living adjustments are required.