Majority affirms default judgment against Sears
The Indiana Court of Appeals split today as to whether a department store was entitled to have a default judgment set aside.
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Man entitled to commission, but a reduced amount
Because a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his former employer owed him due to draws and set-offs.
Court: insufficient notice bars tort claim
The Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium
complex and its various longtime issues.
Exotic dancers are employees, may settle case
A federal judge has found that exotic dancers at an Indianapolis club are employees, not independent contractors as the club
owner argued.
Court declines to review commitment cases differently
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act
The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.
Court upholds discrimination claims in coroner’s office
The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his
white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner
could receive.
East Chicago casino case still alive
A years-long court battle over millions of dollars in East Chicago casino revenue remains alive after a Marion County judge
vacated an earlier dismissal of the civil suit and blocked the release of $8 million in disputed funds that had been part
of a settlement.
Arbitration of FCRA claim survives bankruptcy discharge
A man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy
proceedings, the Indiana Court of Appeals ruled today.
Medicaid applications review policy doesn’t violate federal law
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability
application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled
today.
Mom sues over girls’ high school basketball schedule
A Franklin County mother is suing the Indiana High School Athletic Association and multiple school districts claiming discrimination
against the girl’s basketball team based on when the girls play their games.
Attorney fees not recoverable under adult wrongful death statute
The Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under
the adult wrongful death statute.
7th Circuit reverses dismissal of NCAA illegal ticket-lottery suit
The 7th Circuit Court of Appeals has allowed a proposed class action case claiming the National Collegiate Athletic Association
operates an illegal lottery to sell tickets to certain sporting events to go forward.
Inlow heirs accuse Fifth Third, Hall Render of fraud
A bitter battle between the heirs of former Conseco Inc. executive Lawrence Inlow and the bank and attorneys overseeing his
estate will get a hearing Friday in Hamilton County Court.
Indiana joins fight for National Day of Prayer
Indiana has joined the fight to reverse the holding by U.S. District Court in the Western District of Wisconsin that the federal
law providing for a National Day of Prayer violates the Establishment Clause.
Navigating the patent process
Attorneys in the intellectual property arena waited for “the case” to come down during the past year, but what
they got June 28 was anything but the landmark decision so many lawyers expected.
Justices uphold state’s voter ID law
Voters will still need to have valid photo identification to be able to vote in person in Indiana elections.
Justices: no summary judgment for grocer in negligence suit
The Indiana Supreme Court upheld the denial of a supermarket’s motion for summary judgment in a negligence case, finding
the company failed to carry its burden in showing that criminal activity on its premises at the time a customer was assaulted
wasn’t foreseeable.
1-year limit toll not extended by appeal
The one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals
court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals
ruled today in an issue of first impression.
Justices address economic loss rule in 2 opinions
In two separate rulings involving the “economic loss rule,” the Indiana Supreme Court ruled against a library
seeking to hold subcontractors and an engineer responsible for negligence, and in favor of a bank in its tort claim against
a title company.