Articles

COA: Agreed judgment not appealable

The Indiana Court of Appeals said an agreed judgment is not appealable and reversed a Marion Superior Court decision that ruled in favor of a woman who prolonged judgment in the court so she wouldn’t have to pay $850 in medical bills and fees.

Read More

7th Circuit: No discrimination in firing

The 7th Circuit Court of Appeals affirmed a woman did not suffer discrimination and the company did not retaliate against her for filing a workers’ compensation claim after she was fired for extending her medical leave.

Read More

COA: Man can keep $25,000 deposit

A man can keep the $25,000 deposit paid to him after a real estate sale did not through, the Indiana Court of Appeals ruled Wednesday. The contract the parties entered into was enforceable and did not specify financing as part of the sale.

Read More

Man can sue prison for failure to protect him

The 7th Circuit Court of Appeals ruled a prisoner can seek remedies against prison staff who did not protect him from other inmates who were throwing feces at him. It found the man had exhausted all of his remedies before filing suit.

Read More

7th Circuit: State immune from FLSA suit

The 7th Circuit affirmed that Indiana was immune from a Federal Labor Standards Act lawsuit brought by two Department of Child Services Employees. The court said the state did not give consent for the suit, and thus had 11th Amendment immunity under the U.S. Constitution.

Read More

Supreme Court: City not immune from injury suit

The Indiana Supreme Court ruled a city did not meet the requirements of the Indiana Tort Claims Act, and as such does not have immunity in a suit filed by a woman who fell in a city street and broke her leg.

Read More

COA dismisses improperly filed preliminary injunction motion

The Indiana Court of Appeals dismissed a motion for preliminary injunction against the state’s Medicaid Fraud Control Unit filed by Pain Medicine and Rehabilitation Center and Anthony Alexander after it found PMRC’s motion in the trial court was not procedurally correct.

Read More

Court reduces man’s sentence by 3 years

The Indiana Court of Appeals reduced a man’s aggregate sentence by three years after it found he was denied effective assistance of counsel when his counsel did not bring up a statutory limitation issue.

Read More
kriegdevault-2col.jpg

Riding out the storm

The Indiana Supreme Court’s ruling for the state in a nearly six-year-old IBM suit is what the contract drafters “believed all along.”

Read More

COA: Patient not notified doctor was independent contractor

The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.

Read More

Supreme Court: Blanket suppression goes too far in murder case

While police officers who overheard a pretrial consultation between a suspect and his lawyer were definitely in the wrong, the total suppression of all the officers’ testimony in the case may not be necessary, the Indiana Supreme Court ruled in a unanimous decision

Read More

COA: Man has to abide by settlement

A man must abide with the agreement he settled on even though he had later second thoughts. The Indiana Court of Appeals found he breached a contract after he came to a settlement with an insurance company.

Read More

Man has sentence cut in half by Supreme Court

The Indiana Supreme Court cut a man’s sentence in half, from 32 to 16 years, by a 3-2 decision after it found consecutive sentences in the case were not appropriate because the state sponsored a series of identical offenses.

Read More