DOC violated religious rights in denying kosher meals
A federal judge has found the Indiana Department of Correction was wrong to stop serving kosher meals to those whose religious practices required them to eat the specially prepared meals.
Civil Case
Articles
Judges: early retirement ends unemployment benefits
The Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement package after she was laid off.
COA affirms man not falsely arrested, imprisoned
The Indiana Court of Appeals declined to address whether a pro se prisoner is “incapacitated” for purposes of the Indiana Tort Claims Act in a man’s appeal of his suit involving false arrest and false imprisonment.
Judge grants attorney summary judgment in collections suit
A federal judge ruled in favor of an Indianapolis attorney involved in a class-action suit alleging he violated the Fair Debt Collection Practices Act. The judge granted summary judgment to the attorney after finding the class representative fell outside the class definition.
Court divides over injury claim under insurance policy
The Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury” under their uninsured motorist coverage.
Judges send Medicaid case back for review
The Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked findings of fact making the case mostly unreviewable by the appellate court.
Judges hold option to buy real estate valid
The purchaser of real estate through an option executed years earlier didn’t make the option unenforceable against the owner’s estate by not tendering the purchase price when exercising his option to buy the land, the Indiana Court of Appeals concluded today.
Judge cautions about filing frivolous suits
A Northern District judge has warned two litigants that if they keep filing frivolous lawsuits they may be fined, sanctioned, or restricted.
COA: Candidate remains on ballot
The Republican winner of the primary election for Indiana House of Representatives District 74 will remain on the ballot for the general election, the Indiana Court of Appeals ruled today.
Juvenile’s records not protected by counselor/client privilege
The Howard Superior Court erred in finding that the counselor/client privilege prevented the admission of a son’s counseling records during a custody modification hearing, the Indiana Court of Appeals ruled today.
Judges ask Supreme Court to answer lottery law questions
The 7th Circuit Court of Appeals has decided it needs some assistance from the Indiana Supreme Court to decide whether the National Collegiate Athletic Association’s ticket-distribution system constitutes a lottery under Indiana law.
Judges define ‘courthouse’ for first time
In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.
Justices order new trial to determine fault in Ford rollover suit
The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.
Actual notice denies bona fide purchaser defense
The Indiana Court of Appeals today reversed an interlocutory order and remanded for the trial court to grant prejudgment possession of farm equipment to a company that had security interest in it even though it had been traded to another company.
Court cuts $42.4 million state back-pay award
The Indiana Court of Appeals has ruled on a suit involving $42.4 million in back pay to state employees, significantly reducing the period from twenty years to less than two months.
Supreme Court reverses parental-rights termination
The Indiana Supreme Court reversed a father’s involuntary termination of parental rights today, noting the lack of clear and convincing evidence.
High court divided on faulty workmanship coverage under CGL policy
The high court split on whether an “occurrence” under a commercial general liability policy covers an insured contract for faulty workmanship of its subcontractor.
News Update: Justices rule in favor of casinos
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card-counters and that problem gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
Court of Appeals upholds Miller estate decision
The Indiana Court of Appeals has sided with former Columbus, Ind., banker Will Miller in an estate battle launched by his older brother, Hugh.
Vested employer-provided health-insurance premiums are an asset
The Indiana Supreme Court held that employer-provided health-insurance benefits constitute an asset once they have vested in a party to the marriage, and addressed for the first time the possible methods of valuing these benefits in marriage dissolution. This conclusion led one justice to dissent because it disrupts existing dissolution property division law.