Pool appeal sinks Carmel homeowner deeper underwater
A Carmel homeowner who stopped paying a contractor over quibbles with an in-ground pool installation filed a lawsuit that flopped at the trial court. His appeal went no more swimmingly.
Court opinions
Articles
Snarky former prosecutor no match for plan commission
A former prosecuting attorney who denied the truckloads of dirt dumped on his Boone County farm caused drainage problems got buried under a $519,400 fine.
COA upholds guest statute in auto injury case
An attempt to revive old constitutional arguments against Indiana’s guest statute failed to gain traction with the Indiana Court of Appeals.
COA reiterates Indiana has no private right of action in child abuse cases
Despite a mother’s assertion that she was actually filing a medical malpractice complaint, the Indiana Court of Appeals ruled her complaint was a private right of action for failure to report child abuse, which is not recognized in Indiana.
Shoddy documents draws COA ire
After appearing to shrug off the need to authenticate documents, a company claiming to own the appellant’s credit card debt got a lesson in Indiana court rules and precedence.
Teenager loses privacy argument with mom
A common argument from teenagers that mom has no right to search their rooms created a case of first impression for the Indiana Court of Appeals. And the appellate court affirmed with the common response that in mom’s house, mom has access.
Change in tax law allows profitable retailer to receive refund
A ruling from the Indiana Tax Court has positioned a retailer who recorded a banner year in sales and growth in 2003 to get a tax refund from the state of Indiana.
IU Maurer, national law firm to offer unique educational program
From bachelor’s degree to J.D. to a job, Indiana University Maurer School of Law is providing a smooth transition for talented undergraduates interested in finance and the law.
Indiana Supreme Court affirms Kentucky lawyer not a Hoosier
A Kentucky attorney who never practiced north of the Ohio River got the Indiana Supreme Court to agree she was not a Hoosier.
Admitting evidence of ‘signature’ crime was harmless error
The Indiana Court of Appeals on Monday affirmed the conviction of a man who broke into a woman’s home, severely beat her and attempted to rape her. Evidence that the man looked into the window of another woman in the neighborhood 57 days later should not have been admitted at his trial, but the error was harmless in light of DNA evidence connecting the man to the crime.
COA affirms on rehearing ruling against revenue department
The Indiana Court of Appeals affirmed on rehearing Monday its opinion reversing summary judgment in favor of the Department of Revenue in a dispute over whether an award from a state agency in Marion County could be levied against a judgment in Marshall County.
Valpo ex-attorney Holesinger gets 10 years
Former Valparaiso attorney Clark Holesinger has been sentenced to 10 years in federal prison and ordered to pay nearly $1 million in restitution to clients he defrauded.
7th Circuit affirms judgment for school in bullying case
A federal lawsuit brought against northwestern Indiana school corporations over a child’s alleged bullying was properly decided in favor of the schools on summary judgment, the 7th Circuit Court of Appeals ruled Tuesday.
Kentucky taxpayers owe $2.3 million in fees in same-sex marriage case
Attorneys who successfully challenged Kentucky’s ban on same-sex marriage have submitted a bill for more than $2 million in legal fees, court costs and related expenses. The state of Kentucky, as the losing party in the case, gets stuck with the tab under federal civil-rights law.
Court of Appeals affirms man’s domestic battery conviction
Evidence from a forensic nurse was not improperly admitted in the trial of a man who was convicted of felony domestic battery against his girlfriend of 20 years.
Judge’s sanction in gun IP suit decries ‘peevishness’
An intellectual property lawsuit between gunmakers “has grown into a Dickensian monstrosity,” a federal judge wrote Friday, criticizing parties for “peevishness.”
Supreme Court rejects Think Tank trade secret appeal
A divided Indiana Supreme Court declined to hear an appeal from a northwest Indiana software company that unsuccessfully sued former employees it claimed divulged trade secrets to a competitor.
7th Circuit not convinced by inmate’s double jeopardy argument
A convicted sex offender who did not have the requisite certificate of appealability was still able to present his constitutional claims, but the 7th Circuit Court of Appeals found no grounds to overturn his conviction and sentence.
Reversal: Ex-DOC worker wins appeal in bid to marry inmate
A former contract worker who quit her job at an Indiana prison after her sexual relationship with an inmate was discovered was wrongly denied permission to marry him, the 7th Circuit Court of Appeals ruled Friday.
Mom loses appeal against Planned Parenthood
A mom who sued Planned Parenthood after her 17-year-old daughter used another person’s ID and posed as an 18-year-old to get an abortion has no private cause of action to enforce abortion statutes. Planned Parenthood also owed no duty to the mother under the circumstances, the Indiana Court of Appeals ruled Monday.