Articles

Wife wins appeal of division of marital estate

The Indiana Court of Appeals agreed with a wife in a divorce proceeding that the trial court erred in how it calculated and divided the marital estate. The lower court incorrectly attributed the value of Florida real estate to the wife’s share of the marital pot as well as failed to credit her for paying the parties’ tax debt.

Read More

COA ruling revives non-union subcontractor’s Antitrust Act claim

A non-union subcontractor presented evidence establishing a genuine issue of material fact that the company awarded a contract to build a new school violated Indiana’s Antitrust Act by unlawfully restraining open and free competition for the public project, the Court of Appeals held Thursday.

Read More

Lack of post-verdict motion dooms fired employee’s appeal

The 7th Circuit court of Appeals quickly affirmed a jury verdict against a former employee in the Lake County Auditor’s Office who claimed she was unlawfully terminated for political reasons. The ex-employee failed to file any post-verdict motions, a necessary first step for the appeals court to review the case.

Read More

COA interprets Uniform Premarital Act for first time

A premarital agreement entered into by a pregnant teenage girl and her future husband who was twice her age was unconscionable when the agreement was executed in 1995, the Indiana Court of Appeals held Thursday in an issue of first impression.

Read More

Marion County small claims court bill passes Senate

A proposal that would leave the long-criticized Marion County township small claims courts intact with modest changes has cleared the Indiana Senate. The bill would raise the limit on disputes from the current $6,000 to $8,000.

Read More

COA rules lack of probable cause for warrant makes evidence inadmissible

The Indiana Court of Appeals held Wednesday that a probable cause affidavit allowing police to search the home of a man suspected of manufacturing methamphetamine did not establish a confidential informant’s credibility and lacked probable cause. The majority also concluded that the good-faith exception would not be applicable in David Cartwright’s case.

Read More

COA affirms cutting off mother’s communication with daughter

The court record is replete with evidence supporting a juvenile court’s decision that a teenage girl would be better off if communication and visits with her mother were terminated, the Indiana Court of Appeals held Wednesday. The girl, in foster care, often had detrimental visits with her mother.

Read More

7th Circuit reverses denial of disability benefits

An administrative law judge’s denial of Social Security disability benefits for a man who the Veterans Administration determined was totally disabled cannot be sustained, the 7th Circuit Court of Appeals ruled Friday.

Read More