Court reverses class certification in hail-damage action
The 7th Circuit Court of Appeals has reversed the class certification granted by the District Court in a suit brought by unsatisfied homeowners following a 2006 hailstorm in central Indiana.
Court opinions
Articles
Judges reverse denial of motion to suppress
The Indiana Court of Appeals overturned the denial of man’s motion to suppress, finding the traffic stop that resulted in his drunk driving arrest wasn’t supported by reasonable suspicion.
Attorney reprimanded for charging unreasonable fees
The Indiana Supreme Court has publicly reprimanded a Hamilton County attorney for violating Indiana Professional Conduct Rule 1.5(a) by making agreements for and charging unreasonable fees.
Lawyer suspended for 180 days due to conduct during disciplinary process
The Indiana Supreme Court has ordered a six month suspension for an Indiana lawyer who primarily practices in Michigan, not because of the misconduct committed, but more specifically because of the attorney’s bad behavior during the disciplinary process.
Court rules on child support nonpayment case
Just because someone doesn’t pay child support for more than one son or daughter doesn’t mean the person can be charged more than once for that criminal nonpayment if there’s only one support order issued.
Justices find statute doesn’t apply to landfill facility
The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.
Appeals court reverses summary judgment for pharmacist, CVS
The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.
Man gets 10 years for human trafficking
The first person convicted of human trafficking in Marion County has received 10 years on the charge.
Supreme Court affirms admitting English transcript at trial
English language translation transcripts of statements recorded in foreign language, if otherwise admissible, may be properly considered as substantive evidence, the Indiana Supreme Court ruled Wednesday.
Judge reverses probate court in first opinion
Judge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a deceased woman’s brother on an annuity contract.
Justices uphold modification of physical custody to father
A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.
Judges order new PCR hearing on guilty plea issue
The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.
COA reverses father’s visitation of adopted daughter
Although one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case to “avoid equally unjust results in future cases.”
Judges affirm judgment for real estate agent on negligence claim
The Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers when he communicated with them personally about accepting his clients’ offer.
Justices order man to be re-sentenced
A man who received 50 years for murder should be re-sentenced because of conflicting amendments involving the penalty for murder at the time the judge handed down the sentence, the Indiana Supreme Court ruled today.
7th Circuit extends search, detainment precedent
More than two decades ago, the 7th Circuit Court of Appeals said that a higher precedent allowed not only residents of a home being searched to be detained, but also that visitors to that location could be detained.
Florida judge rules health-care law unconstitutional
A federal judge in Florida has found that Congress has exceeded its authority in passing sweeping health-care reform in 2010 by including the individual mandate that people must purchase health insurance by 2014 or pay a penalty. Indiana had joined with 25 other states, two individuals, and the National Federation of Independent Business to challenge the law.
Appeals court warns parties against no-response strategy
A Marion Superior judge didn’t err in holding a big tax resolution company in contempt for failing to appear by closing six of its state offices and then issuing a default judgment against the firm, the Indiana Court of Appeals has ruled.
COA: Man has exhausted compensation benefits
An Indiana statute is ambiguous as to whether a person who has exhausted his actual worker’s compensation benefits prior to 500 weeks is eligible to receive benefits from the Second Injury Fund starting on the date of the exhaustion of the actual benefits, the Indiana Court of Appeals concluded today.
Justices accept parental-rights termination case
The Indiana Supreme Court has taken a Marion County case involving the termination of a mother’s parental rights in which the Indiana Court of Appeals took issue with several details in the case.