Judgment affirmed in failed Corydon auto dealership sale
The Indiana Court of Appeals affirmed summary judgment in favor of a planned buyer of a Corydon auto dealership in a dispute that arose after the sale fell through.
Court opinions
Articles
COA affirms summary judgment for estate on negligence claim
An Indiana couple trying to bring a negligence claim against the lessor of a home with an allegedly-defective handrail can pursue neither a negligence per se argument nor a private-right-of-action argument, the Indiana Court of Appeals ruled in a Tuesday opinion discussing the differences between those doctrines.
7th Circuit upholds child porn convictions
A man convicted on multiple child pornography charges has lost his appeal before the 7th Circuit Court of Appeals after the appellate panel found no error warranting reversal of his convictions.
Justices deny transfer to child molesting case
A northern Indiana child molester will not be permitted to argue his case before the Indiana Supreme Court after a majority of justices denied his petition to transfer, though two dissenting justices found omissions in the record that they believe warranting their review of the case.
Man’s 57-year conviction affirmed in fatal shooting, chase
A southern Indiana man who shot and killed a woman he believed was pulling a gun on him, and who subsequently fled, crashed a vehicle and stole another before leading police on a meth-fueled chase will continue to serve a 57-year sentence for his crimes.
RV worker paralyzed on job can’t pursue product liability claim
An installer of “slide-out” box units on recreational vehicles who was partially paralyzed after one of the units fell from an RV and onto his back cannot sue under the Indiana Product Liability Act, the Indiana Court of Appeals held Tuesday.
District judge dismisses attorney’s copyright infringement claim on photo
A retired attorney with an extensive history of filing copyright infringement complaints related to a photo of the Indianapolis skyline can no longer pursue one of those complaints after the Indiana Southern District Court granted his defendant’s motion for judgment on the pleadings on Friday.
7th Circuit upholds resentencing in mortgage fraud scheme
A northern Indiana couple convicted in a mortgage fraud scheme has lost its second appeal of the spouses’ sentences, with the 7th Circuit Court of Appeals ruling in its second opinion in the case that the district court did not err in calculating loss or imposing time served.
7th Circuit grants summary judgment to IMPD officer who fatally shot agitated man
The Indiana Southern District Court must enter judgment in favor of an Indianapolis police officer who fatally shot a man while on duty after the 7th Circuit Court of Appeals determined the officer acted reasonably and is entitled to qualified immunity.
Summary judgment for Steak ‘n Shake in patron’s shooting reversed
In a case watched closely by both the plaintiffs and defense bar, the Indiana Court of Appeals reversed summary judgment for Steak ‘n Shake after determining the chain owed a duty to a customer at an Indianapolis restaurant who was shot in the face during an escalating conflict with another patron.
COA remands subrogation claim for fire damages
The Boone Superior Court must reconsider a subrogation claim arising from a fire on leased property after the Indiana Court of Appeals remanded the case for further examination of whether the property owners’ insurer has the right to seek damages from the tenants who caused the fire.
Winning briefs: Conviction reversed for man found in underwear
A Knox County man convicted of public intoxication after being found in public wearing only underwear has won his appeal after the Indiana Court of Appeals found insufficient evidence to support the Class B misdemeanor.
Indiana Court decisions – Feb. 15-28, 2018
Read Indiana appellate court decisions from the latest reporting period.
Court of Appeals again reverses, finds for New York lender
In a second dispute involving an Indiana business, a New York company, stopped payments and cognovit notes, the Indiana Court of Appeals has again reversed and found in favor of EBF Partners.
Court finds man with multiple addresses still lived at home
The Indiana Court of Appeals affirmed summary judgment in favor of the estate of a man who died in South Bend, lived and worked in Chicago, but considered his principal residence to be his parents’ home.
Judgment for lender in student loan case reversed
A Warrick County man won his appeal in a student loan dispute after the Indiana Court of Appeals determined the alleged holder of his son’s student loan failed to prove it was entitled to an $18,000 summary judgment ruling.
COA reinstates New York judgment against Indiana business
The Indiana Court of Appeals has reversed a decision to set aside judgment in favor of a New York company serving as a creditor to an Indiana business, finding Indiana law regarding cognovit notes cannot supersede the Full Faith and Credit Clause in a dispute over a New York judgment.
High court: Detained immigrants not entitled to bond hearing
The Supreme Court of the United States says immigrants the government has detained and is considering deporting aren’t entitled by law to a bond hearing after six months in detention and then every six months if they’re still being held.
Week after argument, justices uphold denial of continuance, sentence
A Floyd County man convicted of attempted residential entry and resisting law enforcement lost his appeal of his sentence and the denial of his motion for a continuance. The Indiana Supreme Court upheld the trial court’s ruling only one week after hearing oral arguments in the case.
Court rules for Amazon worker denied long-term disability
An insurance company’s denial of a long-term disability claim has been remanded by Jane Magnus-Stinson, chief judge for the U.S. District Court for Southern District of Indiana, who called the rejection “unreasonable.”