For the first time, the Indiana Court of Appeals adopted a site-specific approach to rule on an insurance case with multiple policies in several states. The appellate court had been following a uniform-contract-interpretation approach when ruling on choice of law questions in contract actions.
The Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County against an Illinois attorney following the settlement of a wrongful death claim in Illinois.
Even though the Indiana Court of Appeals concluded a business that provides cash advances waived its claim of right to recover for breach of contract, the judges still considered whether the company could recover a payment with more than 300 percent interest tacked on to it.
One Indiana Court of Appeals judge believed his colleagues strayed from the evidence of recruitment and instead focused the family's financial plight when they decided the high school athlete didn't transfer schools primarily for athletic reasons.
Reasonable attorney's fees may be paid out of the damages award in a wrongful death action, the Indiana Court of Appeals ruled today.
Indiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified" under the Indiana Constitution to take office because his election caused three members from the same school district to be on the board.
Addressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.
In a case involving the purchase of a home, Indiana Court of Appeals judges today disagreed as to whether the home sellers should be granted summary judgment in a fraud suit. The judges unanimously did agree to encourage the Indiana Supreme Court to re-evaluate a rule that protects a seller from a lawsuit, even if he lies about a property, as long as the prospective buyer had a reasonable opportunity to inspect the property.
In an opinion involving whether a worker was fired for just cause after multiple excused absences, the majority acknowledged the split in the Indiana Court of Appeals regarding the reasonableness of "no-fault" attendance policies.
In settling a dispute between two Illinois companies regarding who has the legal right to recover coal bed methane gas, the Indiana Court of Appeals made its decision based on public safety and ruled in favor of the company assigned the coal bed gas lease.
The 7th Circuit Court of Appeals was presented with the question in an Indiana case of how much non-compliance of a consent decree involving Medicaid applications is needed before a District Court can impose civil contempt sanctions.
A federal judge says the Indiana Supreme Court can regulate judicial speech through its cannons, and has ruled the existing rules do not violate a judge or judicial candidate's constitutional free speech or association rights.
After delving into the history of caselaw involving Indiana's Fireman's Rule, the Indiana Court of Appeals determined a couple's complaint against an Indianapolis strip club is barred by the rule.
The Indiana Court of Appeals concluded today in a matter of first impression that the government vehicle exclusion in underinsured motorist policies is void as against public policy.
In an issue of first impression in Indiana – and possibly in the United States – the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.
The Indiana Court of Appeals ruled today that the insurers of Cinergy, which was bought out by Duke Energy in 2006, have no duty to defend, indemnify, or otherwise provide coverage in connection with Cinergy's alleged liability for violations of the Clean Air Act at certain plants. The dispute over the insurers' obligations has been […]
In an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.
An Indiana Court of Appeals judge dissented today from his colleagues' decision that a spouse may be found to have dissipated property after refusing to sign and file joint tax returns because the judge believes the ruling is "bad law and bad policy."
A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.
The Indiana Supreme Court decided Tuesday that a claim for constructive retaliatory discharge falls within the state's public policy exemption to the employment-at-will doctrine.