‘Quasi-contract’ not enough in fraud suit
The 7th Circuit Court of Appeals said a “quasi-contract” was not enough to pursue damages in a fraud case where one additive was unknowingly substituted for another.
Court opinions
Articles
CHINS case dismissed for lack of subject matter jurisdiction
A mother’s appeal of a trial court’s order terminating her visitation with her child and denying her motion to modify the permanency plan in a CHINS case was dismissed by the Indiana Court of Appeals for lack of subject matter jurisdiction.
Woman claiming defamation after charges dropped loses appeal
A woman who sued for defamation against her employer and a private investigator after she was acquitted of two counts of theft will not gain relief after the Indiana Court of Appeals upheld summary judgment for the employer and investigator in her case.
COA trims man’s robbery, sex offense sentence from 248 to 218 years
An Indianapolis man who was one of five accomplices who robbed a house and sexually assaulted victims inside during a two-hour rampage will likely spend the rest of his life behind bars, but the Indiana Court of Appeals ruled Thursday he had been subjected to double jeopardy and trimmed 30 years off his sentence.
COA: Trial court did not follow Batson regulations when dismissing Hispanic juror
A trial court did not follow Batson regulations when dismissing a Hispanic juror before the trial of a man convicted of Class D felony intimidation and Class A misdemeanor domestic battery, and as such the Indiana Court of Appeals reversed his convictions, finding the evidence enough for him to stand trial again.
Woman can be charged with criminal trespass after entering school
A woman who entered school property after she was threatened with criminal trespass if she did so can be charged with the crime after the Indiana Court of Appeals upheld a trial court ruling that she had no contractual interest in the school property, despite being a parent in the district.
ADA claims against St. Joseph County courts fail in 7th Circuit
The 7th Circuit Court of Appeals upheld summary judgment for the St. Joseph County court system in a case involving accessibility of the St. Joseph County Courthouse and the Mishawaka County Services Building. The court said many of the plaintiffs’ claims lack standing, while others failed to raise genuine disputes of material fact.
COA changes sentence for drunk woman who hit a man with her car
The Indiana Court of Appeals ruled the sentence given to a woman who hit a man with her car and killed him while driving drunk was too harsh and took two years off it. However, the COA upheld all other parts of her conviction.
COA affirms estate no longer has interest in property
The Indiana Court of Appeals affirmed a motion to dismiss as well as a motion for summary judgment after a woman sued an estate that no longer has interest in a property because that interest had passed to another person.
7th Circuit affirms $34.2M in fraudulent transfer case
The 7th Circuit Court of Appeals upheld a ruling from the Southern District of Indiana that a company needs to pay $34.2 million for a crop-insurance business it bought and later sold to other companies it also controlled.
Man on death row loses habeas petition before 7th Circuit
The 7th Circuit Court of Appeals upheld rulings lifting a stay on a man’s habeas corpus petition and dismissing his claims after the appellate court held his claims could be decided based on the state-court record.
Supreme Court: Consolidating precincts is not unconstitutional
The Indiana Supreme Court ruled an effort to consolidate small Lake County precincts to reduce election costs was not unconstitutional, finding it is neither an impermissible special law nor a violation of the separation of powers doctrine.
Justices: IBM breached state welfare contract
IBM breached its master services agreement with the state in its failed bid to privatize and modernize Indiana’s welfare systems, the Indiana Supreme Court ruled Tuesday, more than six years after the state sued the tech giant over the $1.3 billion contract.
Justices uphold $5.8M award against Tyson Foods
In a setback to business, the Supreme Court of the United States on Tuesday upheld a $5.8 million judgment against Tyson Foods Inc. in a pay dispute with more than 3,000 workers at a pork-processing plant in Iowa.
Ruling ends statute of repose for some asbestos cases
The Indiana Supreme Court’s ruling that the statute of repose does not apply in prolonged asbestos cases could open the door for more cases to be filed, two Indianapolis attorneys said. However, they were split if the decision was the right one.
House always wins: Court upholds sentence of man trying to launder money at casino
The 7th Circuit Court of Appeals upheld the denial of four motions to suppress evidence and exclude expert testimony in a case where a man was caught trying to launder money by stuffing the bills into a slot machine at the Horseshoe Casino in Hammond.
Man gets to keep part of farming property
A man will get to keep part of his farming property after the Indiana Court of Appeals found appointing a commissioner for the property was an impermissible modification of his and his ex-wife’s divorce agreement.
Supreme Court: Evidence sufficient for murder convictions
The Indiana Supreme Court upheld a man’s convictions of four counts of murder and four life sentences without parole after it found evidence was sufficient to justify his convictions. The case went straight from trial court to the Supreme Court because of the life without parole sentences.
COA: Attorneys can rely upon representations of other attorneys
The Indiana Court of Appeals reaffirmed a two-decades-old Indiana Supreme Court ruling, saying attorneys are entitled to rely upon the representations of other attorneys when it ruled on a case where a company was charged a higher price for a piece of property than it should have been because of the price the property’s attorney gave to the company.
7th Circuit: Woman has no claim for tortious interference
The 7th Circuit Court of Appeals upheld an Indiana Southern District Court ruling throwing out a woman’s suit against her employer because she failed to state a claim for tortious interference under Indiana law.