Articles

Vested employer-provided health-insurance premiums are an asset

The Indiana Supreme Court held that employer-provided health-insurance benefits constitute an asset once they have vested in a party to the marriage, and addressed for the first time the possible methods of valuing these benefits in marriage dissolution. This conclusion led one justice to dissent because it disrupts existing dissolution property division law.

Read More

Court reaffirms 3-step test for in camera review

The Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s documents relating to alleged molestation victims sends the message that it’s “open season” on the records of victim services providers.

Read More

COA: Hearsay evidence properly admitted

The Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her boyfriend hit her because the evidence was admissible under the excited utterance exception.

Read More

Appellate court finds lawsuit brought in bad faith

The Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents, affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his wife.

Read More

Justices: BMV can require names to match SSA records

The trial court was correct to find that the public interest in preventing fraudulent use of driver’s licenses trumps some people’s desire to have their commonly used names on their licenses, the Indiana Supreme Court ruled today.

Read More

Justices rule against POA on joint-account funds issue

The Indiana Supreme Court ruled against a woman who was made power of attorney by the man she worked for as a caretaker and opened bank accounts in both their names. The presumption is that the woman’s use of her power of attorney to benefit herself made those accounts invalid, and she failed to overcome that presumption to allow her to inherit the money from those accounts.

Read More

COA dismisses appeal as untimely under T.R. 53.3(A)

The Indiana Court of Appeals dismissed a man’s appeal from the denial of his motion to correct error because he didn’t file his notice within 30 days of when the motion was deemed denied, which happened before the trial court actually ruled on the motion.

Read More