Indiana Court Decisions — Aug. 16-28, 2018
Read Indiana appellate court decisions from the last reporting period.
Court opinions
Articles
Private plaintiff taking public access case to SCOTUS?
After a years-long fight, the Indiana Supreme Court in February issued a ruling that affirmed what’s come naturally to generations of Hoosiers: Indiana’s beach on Lake Michigan belongs to the public.
But parties who sued to privatize the beach, whose names are the only plaintiffs listed on filings to the U.S. Supreme Court, don’t own the property. They haven’t for years.
Injunction upheld in auto assembly parts supply dispute
The Indiana Court of Appeals upheld a decision denying the dissolution of a preliminary injunction involving two manufacturing companies, finding that if dissvoled, one company would be at risk of suffering irreparable harm.
COA reverses CHINS adjudications
Two Marion County children will no longer be considered children in need of services after the Indiana Court of Appeals reversed their CHINS adjudication, finding insufficient evidence to support the finding that their North Carolina-based father could not care for them.
7th Circuit reverses employment claim jurisdiction dismissal
After a woman failed to receive a report as to why her job offer was rescinded, the 7th Circuit Court of Appeals reversed a district court’s dismissal of her adverse-action claim for lack of jurisdiction.
Ex-prosecutor who withheld recanted testimony suspended
The Indiana Supreme Court suspended a former Porter County deputy prosecutor from the practice of law for 18 months for withholding from the defense evidence that an alleged victim said he had been coached to lie and had recanted allegations of child molestation.
Judge rejects bid to slash jury’s $15M med-mal award
A jury’s verdict awarding $15 million to a woman and her husband after her cancer was not detected on a CT scan will stand, a federal judge ruled, rejecting defense appeals that included Indiana’s cap on medical malpractice damages.
COA affirms med-mal suit venue is Monroe, not Marion County
The Indiana Court of Appeals affirmed a venue switch for a medical malpractice case from Marion County to Monroe County on Tuesday, finding Marion County was not a county of preferred venue.
7th Circuit affirms dismissal of railroad worker’s injury suit
The 7th Circuit Court of Appeals affirmed the denial of a train operator’s state common law claims for relief against a railroad company for injuries caused by locomotive equipment.
Disbarred attorney loses mail fraud conviction appeal
A disbarred Indiana attorney who was convicted of mail fraud and sentenced to two years in federal prison after stealing more than $330,000 from a grocery store receivership has lost his appeal of both his conviction and sentence.
Dry cleaning machine maker not liable in environmental claim
The maker of 1960s-era coin-operated dry cleaning machines cannot be held liable for decades-old environmental contamination found at the site of a one-time southside Indianapolis laundromat, the Indiana Court of Appeals ruled Tuesday.
COA reverses, rules for PI attorney in subrogation dispute
The Indiana Court of Appeals reversed a trial court judgment, ordering summary judgment for a Lawrenceburg attorney facing a breach lawsuit related to his representation of a personal injury client. The appellate court ruled the insurer suing him did not timely file its subrogation claim.
Judges: N.C. congressional districts still partisan biased
Federal judges on Monday affirmed their earlier decision striking North Carolina’s congressional districts as unconstitutional because Republicans drew them with excessive partisanship. The Tarheel State is one of several in which lawsuits are challenging partisan gerrymandering.
Lawyer: State not enforcing Lake Michigan public access opinion
An attorney who is part of the legal team that won an Indiana Supreme Court decision preserving public access to the shores of Lake Michigan says state agencies are refusing to enforce the court’s order while private property owners on the lakefront seek a possible appeal to the U.S. Supreme Court.
IndyCar awarded $3.9M for scrubbed Boston races
A race organizer’s failure to bring promised IndyCar Boston Grand Prix Labor Day weekend races to the finish line has resulted in an award of nearly $4 million in damages to the Indianapolis-based open-wheel racing series, but it’s unclear how much IndyCar may be able to recoup from bankrupt promoters.
COA reverses regular commitment for lack of evidence
The Indiana Court of Appeals reversed and remanded a trial court’s decision to order a mentally ill woman to regular commitment at Indiana University Health Bloomington Hospital, finding there was not clear and convincing evidence to prove commitment was necessary.
COA: Sex offender registration is mandatory collateral consequence
Despite arguing his guilty plea did not include a sex offense, a Steuben County man will have to remain on the state’s sex offender registry after the Indiana Court of Appeals found registering was a collateral consequence for his conviction.
Smartphone privacy first impression case splits COA
Law enforcement cannot force a Hamilton County woman to unlock her smartphone as part of criminal investigation because doing so would violate Fifth Amendment rights against self-incrimination, a divided panel of the Indiana Court of Appeals held on an issue of first impression that combined constitutional law with technological advancements.
Indiana Court decisions – Aug. 2–15, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Hill enduring backlash in voting lawsuits
Even as the office of embattled Indiana Attorney General Curtis Hill is pleading for more time to challenge a ruling that found changes to the state's voter registration statute violated federal law, it's taking another election dispute to the 7th Circuit Court of Appeals.