Articles

Inmate’s negligence suit may continue, court rules

The Indiana Court of Appeals ordered more proceedings on a negligence lawsuit filed by an Indiana Department of Correction inmate after he fell and injured himself. In the decision, the judges also decided that prison operators are subject to liability in much the same manner as other private actors.

Read More

Jury should decide whether Duke Realty intended to get law partner fired

There are genuine issues of material fact as to whether Duke Realty, involved in a dispute over a land agreement with a Parr Richey Obremskey & Morton partner, intentionally induced the firm to terminate Carol Sparks Drake’s partnership agreement and whether that interference was justified, the Indiana Court of Appeals ruled Wednesday.

Read More

Man entitled to homestead deduction on Fountain County property

The Indiana Tax Court Tuesday reversed the determination that a man could not receive the homestead standard deduction on his Fountain County property because the decision is unsupported by evidence. The Indiana Board of Tax Review’s conclusion that the property was not Roderick Kellam’s principal place of residence was contrary to law. 

Read More

COA: Insurer has no liability for dog bite injuries

The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing at the home, whose dog bit the boy, was not considered an insured under the policy.

Read More

COA: Bank lacks standing to appeal trust terminations

Old National Bancorp cannot appeal the termination of two trusts it served as a representative of, either in the representative capacity or on an individual capacity, the Indiana Court of Appeals held Thursday. As such, the court dismissed the appeal.

Read More

Ex-wife allowed to enter QDRO 20 years after divorce

In a matter of first impression regarding when a qualified domestic relations order must be filed, the Indiana Court of Appeals held that a woman who waited 20 years after her divorce to have her ex-husband sign a QDRO for division of his pension may still be able to submit it.

Read More

Policy provisions preclude coverage in settlement of class claims

Because the “voluntary payment” and “legally obligated to pay” provisions precluded coverage, a trial court properly entered partial judgment in favor of an insurer of a distillery involved in a settlement over damages caused to nearby buildings by the distillation process.

Read More

Husband can’t recover insurance proceeds after wife burns down house

The Indiana Court of Appeals Wednesday held that when an insurance company includes an explicit exclusion in its policy to cover loss resulting from an intentional act by a co-insured, the court will enforce that exclusion. Because a man’s policy included such an exclusion, he can’t recover insurance proceeds after his wife burnt down their home on purpose.

Read More

Kraft wins in food fight with Cracker Barrel

A federal appeals court ruled recently that savvy consumers might be confused if food branded Cracker Barrel Old Country Store was sold in grocery stores that carry Kraft’s Cracker Barrel brand cheese. Turns out even a law professor who teaches a course on trademarks and unfair competition might be fooled.

Read More

Insurance employee loses overtime appeal

An insurance company employee lost an appeal for overtime compensation when the 7th Circuit Court of Appeals on Wednesday affirmed a District Court grant of summary judgment in favor of the employer.

Read More

Judges divided over complicated issue of wrongful-death attorney fees

A complex and complicated case regarding whether attorney fees awarded from the Indiana Patient’s Compensation Fund are capped at 15 percent led to a split in the Indiana Court of Appeals. The majority decided that the cap does not apply to the calculation of excess damages of any type from the fund.

Read More