Medical Malpractice Act does not apply to third party, COA rules
A worker injured on the job by the actions of a co-worker who was taking prescribed narcotic pain killers is not subject to the limitations of Indiana’s Medical Malpractice Act.
Court opinions
Articles
Appeals court remands divorce distribution for IRA recalculation
The value of an Individual Retirement Account was miscalculated by a trial court, but the Indiana Court of Appeals otherwise affirmed the distribution of a marital estate in a divorce case.
Trial court must review treatment plan for mental patient, COA rules
A man who challenged his ongoing commitment to a mental health facility got a partial victory in that the trial court has been ordered to review his medication to determine if it is substantially benefiting him.
Divided appeals panel affirms judgment over time-limit objection
A divided Court of Appeals Tuesday affirmed a trial court judgment for $175,000 in favor of a consultant who co-signed a mortgage in exchange for shares in a company and half-ownership in the real estate.
Appeals court affirms contempt over parenting-time violation
A mother who was found in contempt of court for failing to abide by court-ordered parenting time provisions got no relief Tuesday from the Indiana Court of Appeals.
COA decision in dueling-precedent case affirmed by Supreme Court
Reviewing a conflict in precedent in state caselaw regarding child support, the Indiana Supreme Court upheld the resolution reached by the Indiana Court of Appeals.
Divided appeals panel reverses judgment against Thomson
A trial court improperly ruled in favor of an insurer on Thomson Inc.’s claims for the cleanup of toxic chemicals at two consumer electronics manufacturing sites.
Father can’t challenge paternity 15 years after child’s birth
The trial court properly denied a man’s petition to rescind or vacate the paternity affidavit he signed when he was 17 years old, the Indiana Court of Appeals held Tuesday. The appeals court declined to reweigh the evidence regarding his and the child mother’s credibility.
Judges toss ‘illegible’ federal lawsuits
Federal judges in Indianapolis last week wasted no time tossing two lawsuits from an abusive serial filer whose hand-scrawled complaints couldn’t be deciphered.
Judge holds 2013 abortion law violates Equal Protection Clause
A ruling in federal court has essentially struck down Indiana’s restrictions on drug-induced abortions, but the argument that the law places an undue burden on women caused the court to refrain from making a final judgment.
SCOTUS affirms search based on misunderstanding of law
Police can use evidence seized during a traffic stop even if it turns out the officers initially pulled a car over based on a misunderstanding of the law, the Supreme Court of the United States ruled Monday.
COA upholds reversal of award for attorney fees
Subcontractors successful in their dispute against the general contractor over the construction of a northern Indiana IMAX movie theater are not entitled to attorney fees, the Indiana Court of Appeals has reaffirmed.
JQC asks justices to suspend Muncie City Court judge
A Muncie City Court judge hit with a disciplinary proceeding last week should be suspended from the bench, the Judicial Qualifications Commission argued in a petition submitted to the Indiana Supreme Court Monday.
Dissenting judge: Man justified in beating would-be thief
A man who caught a trespasser trying to steal a license plate shouldn’t have been convicted of battery for whacking the intruder with a broom handle and then landing a few haymakers, a dissenting judge held Friday.
Appeals court affirms partial judgment in insurance dispute
A Marion Superior Court’s ruling granting partial summary judgment in a dispute between insurance companies was affirmed Friday by the Indiana Court of Appeals.
Rooker-Feldman doctrine bars man’s lawsuit alleging false statements
A man challenging a garnishment order entered in state court should have challenged the order in that court system instead of filing a federal lawsuit, the 7th Circuit Court of Appeals ruled Thursday. The judges affirmed the dismissal of his suit based on the Rooker-Feldman doctrine.
Public voyeurism statute not unconstitutionally vague as applied, COA rules
A man who argued he lacked sufficient notice that the public voyeurism law prohibits his conduct because he filmed girls wearing bathing suits or a skort lost his case before the Indiana Court of Appeals Thursday.
Complaint properly dismissed for failure to comply with Trial Rule 3
Because the people suing a driver who allegedly caused a car accident sent their summons to the county clerk after the two-year statute of limitations expired, the trial court correctly granted the defendant’s motion to dismiss, the Indiana Court of Appeals ruled.
Judges affirm woman who emailed racist joke not entitled to unemployment benefits
A newspaper employee who emailed a racist joke to two co-workers was correctly denied unemployment benefits after she was fired, the Indiana Court of Appeals ruled.
Woman fails to prove discrimination claims after she lost counseling job
A woman who was not hired by the private company the Department of Correction contracted with to provide counseling for inmates could not prove the company’s decision was due to age or sex discrimination.