Articles

Judge delays decision on NCAA concussion settlement

A U.S. judge has declined to immediately approve the National Collegiate Athletic Association’s $75 million settlement of a lawsuit by college athletes who’ve suffered head injuries, giving a critic of the accord three weeks to file arguments opposing the revamped deal.

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Landscaper’s attorney fails to explain fee

A landscaping company’s award for attorney fees has been sent back to small claims court for reconsideration after the business and the attorney failed to submit documentation supporting the fee amount.

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Judgment for Planned Parenthood stands, but not for minor’s ID provider

A woman who gave her son’s 17-year-old girlfriend another person's ID and posed as her mother to help her obtain an abortion was not properly dismissed from a lawsuit brought by the pregnant girl’s mother, the Indiana Court of Appeals ruled Friday. Summary judgment in favor of Planned Parenthood of Indiana was proper, the court held.

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Court finds railroad’s arguments over dam don’t hold water

Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.

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Questions exist as to whether fiduciary duty was breached

There is sufficient evidence to create genuine issues of material fact as to whether a shareholder breached its fiduciary duty owed to other shareholders and whether it committed constructive fraud by remaining silent about two businesses’ financial states, the Indiana Court of Appeals ruled Tuesday.

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Court upholds convictions from controlled drug buys

The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.

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COA orders man resentenced with credit time considered

Although the Indiana Court of Appeals disagreed with a defendant’s argument on appeal, it still found the trial court erred when it ordered him to serve the entirety of his original sentence without any credit time for time spent on home detention.

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Similar entrapment argument brings different COA ruling

Again faced with the question of whether a defendant had been entrapped by an undercover detective posing as a prostitute, the Indiana Court of Appeals affirmed the lower court, reaching a different conclusion than they had in a similar case a year earlier.

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Canine sniff not allowed, but convictions still upheld

Although a Supreme Court of the United States decision issued shortly after the Indiana Court of Appeals ruled on a case now means that a canine sniff of a suspected drug dealer’s home was unconstitutional, the COA upheld the man’s convictions based on other evidence.

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Couple’s gun collection incorrectly classified as ‘household goods’

The determination as to whether guns or a gun collection are “household goods” should be made on a case-by-case basis, the Indiana Court of Appeals ruled. In a case before it Wednesday, the judges held that the large collection owned by a couple who are since deceased was incorrectly classified as “household goods.”

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