Indy club must pay BMI for DJ’s tunes
A downtown Indianapolis nightclub must pay a tab approaching $20,000 because the club and DJs failed to obtain public-performance licenses after repeated warnings.
Court opinions
Articles
Judges affirm attorney fees from State Farm’s ‘groundless’ lawsuit
A car dealership accused of playing a role in a car fire that destroyed four cars and part of a man’s home is entitled to the more than $12,000 in attorney fees awarded to it after State Farm’s negligence lawsuit was dismissed. The Indiana Court of Appeals noted the insurer’s refusal to dismiss the claim despite knowing the dealership was not at fault for the fire.
COA affirms order allowing grandparent visitation with deceased son’s daughter
The Indiana Court of Appeals Wednesday upheld the order granting visitation to the paternal grandfather of a child whose father killed himself before her birth. But one judge had reservations about the visitation arrangements.
Statute requires state to pay attorney fees on inmate’s appeal
Indiana Code 33-37-2-4 requires the state to pay appellate attorney fees and expenses when an inmate commits a crime in a state correctional facility, the Indiana Court of Appeals held Wednesday.
Bipolar defense fails in wire fraud, tax evasion appeal
A woman sentenced to five years in prison after she pleaded guilty to charges of wire fraud and tax evasion for swindling an elderly couple failed to persuade the 7th Circuit Court of Appeals to revise her sentence.
FSSA able to terminate 9-year Medicaid provider contract without cause
An Indiana Court of Appeals panel unanimously rejected a company’s argument that its state contract was wrongfully terminated. The company argued it has a property interest in continuing to be a Medicaid services provider.
Judgment for investment advisor upheld as breach, wage claim
Rulings in favor of an investment adviser who claimed breach of contract and violation of the Wage Claims Act were affirmed Monday by the Indiana Court of Appeals, as was his request for appellate attorney fees.
Man who sped through construction zone loses appeal
A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
Mom’s one-time meth use does not support CHINS case
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.
Divided high court affirms DNA unnecessary to establish paternity
Indiana Supreme Court justices split 3-2 in affirming that DNA evidence is not required to establish paternity.
7th Circuit affirms 5-year sentence in arson-for-hire
A woman sentenced to serve five years in prison for recruiting another man to set fire to her home didn’t receive an unjust sentence even though it was three to four times longer than federal guidelines, the 7th Circuit Court of Appeals ruled Thursday.
Justices uphold ruling for insurer in negligence claim
Homeowners’ claims after a fire that their insurer was negligent because a policy didn’t fully cover replacement costs was time-barred because the policy limits were discoverable at the time the policy was issued, the Indiana Supreme Court ruled Thursday.
Former JA boss loses defamation appeal naming FedEx, 500 Festival
The former head of Junior Achievement of Central Indiana failed Thursday in his bid to reinstate defamation claims against a business and a nonprofit that owned computers from which critical comments about him were posted online.
Same-sex couple’s bid for recognition expedited due to grave illness
The chief federal judge in Indianapolis quickly summoned lawyers to address a same-sex couple’s emergency request that Indiana recognize their Massachusetts marriage because one of the women is gravely ill.
Court upholds Plymouth pay policy challenged by reservist
The city of Plymouth’s policy on longevity pay withstood a challenge by a police officer who unsuccessfully claimed he was entitled to the full benefit rather than a prorated share for time he spent deployed as a U.S. Air Force Reservist.
Justices strike down partial consecutive sentences
Indiana trial court judges do not have discretion to impose partial consecutive sentences, the Indiana Supreme Court ruled Tuesday.
Wine bar’s programmable cards not subject to tax exemption
An Indianapolis wine bar’s programmable cards that customers purchase to dispense samples are not subject to resale tax exemption, the Indiana Tax Court ruled Monday.
Man has second chance to get OWI charges dropped
A Jefferson County man who was brought to court for operating a vehicle while intoxicated more than two years after he was pulled over by police will get another chance to argue that his right to a speedy trial was violated.
Court affirms custody modification after mom’s move
A Vincennes father lost his appeal of a modification of custody order that granted sole physical custody to his child’s mother after she moved 180 miles away to start a new family with her fiancé.
Three-way opinion affirms marijuana conviction
Three Court of Appeals judges each wrote opinions but affirmed a Grant County man’s conviction of Class D felony possession of marijuana.