Articles

COA rules on right of first refusal issue

The Indiana Court of Appeals concluded that the right of first refusal set forth in a purchase agreement of land between neighbors could only be exercised between the two neighbors and didn’t apply to the sale of land by an estate.

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Justices take guest statute case

The Indiana Supreme Court has accepted a case that deals with whether a tort claim filed by a son against his father should be precluded by the Indiana Guest Statute. The case prompted each judge on the Indiana Court of Appeals panel that heard the case to author an opinion.

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COA to consider journalistic shield protections for anonymous online comments

The Indiana Court of Appeals hears arguments Monday on a question of first impression for the Internet-savvy 21st century: whether news outlets have any First Amendment or state journalistic shield protection from being required to disclose information that could help reveal the identities of people posting anonymous comments online.

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Appellate court rules on insurance coverage case

The Indiana Court of Appeals has ruled in favor of a group of insurance companies that argued a waste management company couldn’t seek coverage for asbestos and related worker injuries under policies signed by corporate predecessors before 1986.

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Third volume of Restatement of Property published

Attorneys and judges now have more scholarly guidance on wills and other donation-related issues in civil law, after a national organization released its third and final volume of the Restatement (Third) of Property: Wills and Other Donative Transfers.

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Judge grants limited class certification in stage collapse lawsuit

While she said she doubts the plaintiffs can win their case, U.S. Judge Sarah Evans Barker is allowing limited class certification in a lawsuit challenging the state’s $5 million damage liability cap. Plaintiffs incurred injuries in the Indiana State Fair stage collapse Aug. 13.

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7th Circuit decides MDL appeal question

The 7th Circuit Court of Appeal wants each federal judge handling multi-district litigation to have the flexibility to choose between sending parts of unresolved cases back to the original courts or keep those in one jurisdiction, once a final district-level decision has been made and the time for appeal arrives.

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Judge: fundamental error rule doesn’t apply to civil cases

An Indiana Court of Appeals judge disagreed with the decision of his fellow panel members to allow a man committed to a psychiatric unit to argue the trial court committed fundamental error by not issuing an order scheduling a hearing within three days of receiving the petition for involuntary commitment.

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Appellate court finds mother wasn’t in contempt

The Indiana Court of Appeals agreed with a mother that the Clark Circuit Court erred in finding her in contempt for not putting her teenage daughter on a plane to Florida to visit the teen’s father over Christmas break. The appellate court did agree with the trial court that the mom should have to pay for another flight to visit the father.

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Mother files suit challenging school bus fee

A woman in Marion County has filed a lawsuit against a community school corporation because she claims the fee imposed for her children to ride the bus to school interferes with their constitutional right to an education.

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COA upholds judgment in auction of towed car

The Indiana Court of Appeals affirmed summary judgment in favor of a father and daughter whose car was towed and later sold at auction, finding the towing company didn’t comply with the 15-day waiting period after placing notice in the newspaper before selling the car.

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COA rules man can challenge med mal act

The Indiana Court of Appeals ruled a man whose wife died because of a missed medical diagnosis and obtained an $8.5 million jury verdict is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.

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Deputy owed no duty to warn of icy road

A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.

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Judges rule on issues stemming from cemetery case

The Indiana Court of Appeals ruled on matters involving alleged looting of cemetery funds in two cases Monday, upholding the denial of class certification in one case and adopting a “plain legal prejudice” standard in the other case.

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Elements of crimes did not occur in Indiana

The Indiana Court of Appeals ordered that charges be dropped against a pair living in Houston who faced counterfeiting and theft charges, finding the trial court lacked territorial jurisdiction.

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