Indiana Court Decisions — Sept. 13-26, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
COA reverses default ruling against race horse veterinarian
The Indiana Court of Appeals reversed a decision that found a Hoosier racehorse veterinarian in default without a hearing in a disciplinary action against him by Indiana Horse Racing Commission.
COA affirms denial of summary judgment to dump truck manufacturer in timeliness dispute
A divided Indiana Court of Appeals affirmed the denial of summary judgment to a dump truck manufacturer who unsuccessfully argued that its customer filed an untimely complaint against the manufacturer and that genuine issues of material fact existed when causes of action accrued.
COA orders equal division of ex’s retirement interest
The Dearborn Circuit Court erred when it awarded the entirety of a nearly $207,000 retirement account to a husband as part of divorce proceedings, the Indiana Court of Appeals ruled in a decision that remanded the case for equal distribution of the interest on the account.
Appellate court: Search warrant for house, garage included car
Drug evidence found in a vehicle in the garage of a home where police were looking for evidence of a prior assault should not have been suppressed, the Indiana Court of Appeals ruled in a reversal Friday.
Gun in fallen pants pocket after police confrontation admissible
A man whose 9-mm handgun was discovered after his loose-fitting pants fell while in custody after a police confrontation lost Friday his appeal in which he claimed the evidence should have been suppressed.
Troopers must face suit from black motorists stopped 2 hours
A lawsuit against Indiana State Police troopers accused of unreasonably questioning two black motorists for more than two hours on the side of an interstate will continue after a federal judge rejected the troopers’ qualified immunity claims.
Appeals court reverses ruling for purchasers in rent-to-buy home case
Would-be homebuyers who won a fraud decision against a company that sells “rent-to-buy” fixer homes after they were evicted lost at the Indiana Court of Appeals on Thursday. An appellate panel reversed a ruling against Indianapolis-based Rainbow Realty, ordering Marion Superior Court to rule in its favor instead.
Pension plan wins appeal in suit challenging bifurcated divorce
A long-running pension dispute involving a woman whose husband died during the pendency of a bifurcated divorce hearing is headed back to the trial court after the Indiana Court of Appeals found multiple issues with the lower court’s rulings.
Tax Court: Scanty evidence fails to lower property value
The Indiana Tax Court affirmed an Indiana Board of Tax Review’s determination that evidence presented to reduce a property’s assessment of improvements was not probative of the property’s 2016 market value-in-use.
Justices tweak NIPSCO rate hike denial to allow recovery of cost overruns
Revisiting a decision that limited how utilities can pass the bill for future costs to ratepayers, the Indiana Supreme Court on Tuesday tweaked its earlier opinion to insert language in a modified decision that now will allow utilities to recover project cost overruns in utility rate increases.
Indiana Supreme Court greenlights blocked railroad crossings
A unanimous Indiana Supreme Court sent a message Tuesday to Hoosier motorists stuck at railroad crossings waiting for trains to pass: relax, you’re going to be there awhile. The court struck down a state law limiting blocked crossings to 10 minutes, holding that such regulations were pre-empted by federal law.
Termination of ex’s house payment obligation reversed
The Indiana Court of Appeals reversed a decision that found an “ambiguous” dissolution settlement agreement made no indication as to the father’s child support obligations and that his payments for a mortgage and car would supplement them.
Reversal voids sale of properties by unauthorized agent
The Indiana Court of Appeals reversed a decision granting summary judgment in favor of two companies who purchased real estate in a sale that was voided after the seller was found to have no authority to sell it.
Juvenile’s placement in DOC for firing gun affirmed
A troubled Elkhart County juvenile who was adjudicated delinquent after firing a handgun failed to convince the Indiana Court of Appeals that he was wrongly committed to the Department of Correction.
Indiana Court Decisions — Aug. 29-Sept. 12, 2018
Read Indiana appellate decisions from the most recent reporting period.
Florida move allows Hoosier to escape Wisconsin judgment
A former Hoosier who moved to Florida will get to keep his money after the Indiana Court of Appeals found an order from a Wisconsin state court was void because the Badger State judicial system did not have personal jurisdiction.
COA: State has no burden to prove sanity
A man who unsuccessfully pursued an insanity defense failed to convince the Indiana Court of Appeals that the state had the burden of proving he was sane beyond a reasonable doubt in his attempted murder case.
7th Circuit reinstates Renssalaer workers’ “popcorn lung” claim
The 7th Circuit Court of Appeals reinstated a claim filed by nearly 30 workers who argue a microwave popcorn plant failed to warn them of exposure during the manufacturing process to a butter flavor ingredient that has been linked to a disease known as “popcorn lung.”
COA: South Bend med-mal appeal lacks issues of fact
The Indiana Court of Appeals affirmed a grant of summary judgment to a South Bend hospital after it upheld that res ipsa loquitur did not apply to facts in a hip-replacement related negligence claim.