Articles

COA affirms dismissal of case due to res judicata

Res judicata prevents a title insurance company from taking a “second bite” at the apple, the Indiana Court of Appeals ruled Friday, in a case in which the company appealed dismissal of its second attempt to challenge an action by the Indiana Department of Insurance.

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Court affirms injunction preventing violations of non-compete clauses

After several employees from one civil engineering firm began soliciting employees from a competitor, the Indiana Court of Appeals held Wednesday that a trial court correctly issued a preliminary injunction to force the employees to comply with non-compete and non-solicitation clauses they had signed.

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COA upholds summary judgment in workers’ comp case

Although he was hired to work on a specific project for a southern Indiana construction company, a worker who was injured on a construction job must seek damages through Indiana’s Worker’s Compensation Act because he was considered an “employee” of the company.

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Judges: Parents, courts need guidance on discipline

The Indiana Court of Appeals upheld a man’s conviction for battery against his daughter on Wednesday but expressed concern over the lack of guidance courts are given when trying to determine when parental discipline goes too far.

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7th Circuit dismisses appeal based on waiver

The 7th Circuit Court of Appeals has dismissed a convicted murderer’s appeal arguing that the waiver of his right to appeal should be ignored because his sentence was outside statutory requirements, calling the man’s argument “undesirable” and “nonsensical.”

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Errors lead to reversal of veteran’s involuntary commitment

A trial court’s order mandating the involuntary commitment of a veteran has been vacated after the Indiana Court of Appeals found that the Department of Veterans Affairs failed to follow proper legal protocol in serving documents and did not prove that the veteran posed a risk to himself or others.

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Lack of jurisdiction keeps cemetery case in court

A woman’s fight to bury her mother in a burial site that she had purchased but that was mistakenly resold will continue after the Indiana Court of Appeals found that a small claims court did not have jurisdiction to grant her injunctive relief.

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‘Moorish national’ loses appeal of house-squatting conviction

A man who identifies as a "Moorish National" sovereign citizen immune from state and federal law had no luck persuading the Indiana Court of Appeals to overturn his convictions arising from his occupancy of an Indianapolis house that was being prepared for sale after foreclosure.

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Judges decline to consider mother’s actions in med-mal case

The Indiana Court of Appeals has rejected a doctor’s argument that a patient’s mother served as an intervening cause to the loss of the patient’s kidney and instead upheld the rule that a parent’s alleged contributory negligence may not be imputed to a child’s medical malpractice claim.

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Tow company that seized, sold cars loses injunction appeal

An Indianapolis towing company whose owner worked with bankruptcy lawyers to take possession of cars when a buyer defaulted and then resell dozens of them lost its appeal of an injunction blocking the practice and ordering the cars be returned to the lienholder.

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Tow company that seized, sold cars loses injunction appeal

An Indianapolis towing company whose owner worked with bankruptcy lawyers to take possession of cars when a buyer defaulted and then resell dozens of them lost its appeal of an injunction blocking the practice and ordering the cars be returned to the lienholder.

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COA: Incest age defense can’t win post-conviction relief

A man convicted of incest for a consensual sexual relationship with his biological aunt couldn’t persuade the Indiana Court of Appeals that he was entitled to post-conviction relief. The man claimed ineffective assistance of counsel for failing to argue in his defense that the man’s aunt was older than 31.

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