Court affirms judgment in school district’s favor
The 7th Circuit Court of Appeals affirmed summary judgment in favor of Indianapolis Public Schools in a copyright infringement case, but first had to decide whether it could proceed on the merits.
Civil Case
Articles
Summary judgment affirmed for dairy farm
The Court of Appeals affirmed summary judgment in favor of a confined feeding operation in a dispute between the dairy farm and its neighbor over a tract of land and the impact of the farm on the neighbor's property.
Judges differ on application of high court ruling
An Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint accounts because he believed an Indiana Supreme Court decision was binding in the case.
Court rules on tort claims and wrongful death
The Indiana Supreme Court tackled the issue of the interaction of the statute of limitations provision under the state's Wrongful Death Act and the statute of limitations provision for an underlying substantive tort claim in two opinions released Dec. 24.
Court finds fax to be a contract
The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.
Worker’s comp claim bars med mal complaint
The Indiana Court of Appeals reversed the denial of a hospital's motion to dismiss a medical malpractice complaint because
the claimant, who was employed by the hospital and on duty at the time of the injury, could only file a complaint against
the employer under the Worker's Compensation Act.
7th Circuit affirms, reverses wine ruling
The 7th Circuit Court of Appeals has recognized Indiana’s interest in keeping wine out of minors’ hands, ruling that Hoosiers who want to order alcohol online or by phone will have to first make face-to-face contact at a winery to verify their age before being allowed to make the purchase.
Forfeiture of money to FBI allowed
A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.
Prisoner litigant’s case deemed frivolous
One of Indiana's most well-known pro se prisoner litigants continues to be a subject for the state's appellate courts.
7th Circuit: Woman has claim for relief
The 7th Circuit Court of Appeals disagreed today with a District Court's dismissal of a woman's complaint against the federal government, finding she had stated a claim for relief following her dismissal from her job as a result of a Federal Protective Service investigation.
7th Circuit affirms arbitration award
The 7th Circuit Court of Appeals affirmed a District Court’s confirmation of an arbitration award, but it denied the plaintiff recovery of attorney fees and costs because he will be reimbursed those under the terms of the arbitration agreement.
7th Circuit rules on FMLA case
The 7th Circuit Court of Appeals has reversed a medical-leave decision from an Indianapolis judge who’s since joined that appellate bench.
Court: Evidence shows car was a gift
In a case of first impression, the Indiana Court of Appeals agreed with the trial court that a husband gave his wife a car as a gift, despite registering the title in both his name and his wife's name.
Justices issue robo-call decision
The Indiana Supreme Court says the state's two-decade old law on pre-recorded, autodialed calls isn't limited to those placed to consumers with commercial messages. But justices stopped short of deciding how the law applies to political messages, leaving that question for another day.
Court erred in dismissing claim with prejudice
The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.
COA rules on ‘In God We Trust’ plate suit
Not charging an administrative fee for Indiana's "In Got We Trust" license plates doesn't violate the state constitution, affirmed the Indiana Court of Appeals today in an unpublished decision.
Owners responsible for delinquent sewer fees
In a ruling that will affect property owners across the state, the Indiana Supreme Court today held property owners are ultimately responsible for the delinquent sewer bills of their tenants.
Tax sale petitions OK because of lack of notice
The Indiana Court of Appeals ruled in favor of a woman in two separate cases involving the purchase of her property at tax sales in Franklin County after determining she received insufficient notice of the sales.
COA: Expenses apply under penalty period
The Indiana Court of Appeals ruled in favor of a woman who wanted her out-of-pocket payments to a nursing facility allowed as a spend-down expense, finding the Indiana Family and Social Services Administration's denial of her request would penalize her twice.
No summary judgment in mailbox case
The owners of a mailbox struck by a woman's car that left the road inexplicably aren't entitled to summary judgment on the woman's negligence claim, the Indiana Court of Appeals affirmed today.