Court rules on agency record appeals
In two separate opinions, the Indiana Court of Appeals tackled the issue of timely and complete filing of an agency record.
Court opinions
Articles
High court rules in favor of AG in casino case
The Indiana Supreme Court has ruled in favor of the state's attorney general in a suit for constructive trust and unjust enrichment against a for-profit corporation receiving contributions from a casino, finding the trial court erred in dismissing the claims.
COA rules on excessive force under ITCA
The use of excessive force is not conduct immunized under section 3(8) of the Indiana Tort Claims Act, the Indiana Court of Appeals ruled today.
Animal cruelty an exigent circumstance
Ruling on the issue for the first time in state courts, the Indiana Court of Appeals decided animal cruelty rises to the level of exigent circumstances to permit a warrantless search of curtilage. The decision came in a man's appeal of his dog fighting convictions.
Jury instruction requires new damages trial
A jury instruction the Indiana Court of Appeals found to incorrectly state the law required the court to remand for a new trial on damages in a negligence suit.
Circuit Court vacates drug sentence
The 7th Circuit Court of Appeals affirmed a man's drug conviction, but vacated his sentence because it wasn't confident the District Court judge properly sentenced him.
Insurer must provide underinsured coverage
An insurance policy that doesn't provide uninsured or underinsured motorist coverage to all insureds is contrary to public policy based on Indiana statute, affirmed the Indiana Court of Appeals.
COA: Just running red light not reckless
Ruling on the issue for the first time, the Indiana Court of Appeals held that not stopping at an intersection cannot, without more evidence, constitute criminally reckless conduct and establish a prima facie case.
Casino wins compulsive gambling appeal
Casinos don't have a common law duty to protect compulsive gamblers from themselves, and aren't required to refrain from trying to entice those people into their establishments, the Indiana Court of Appeals ruled today in a matter of first impression.
District Court erred in drug sentence
The 7th Circuit Court of Appeals vacated a man's sentence for conspiracy to distribute methamphetamine because the District Court failed to figure out the quantity of the drug reasonably attributable to the defendant.
7th Circuit warns attorneys about compliance
The 7th Circuit Court of Appeals chastised the U.S. Attorney’s Office in Indiana’s Northern District to “get its act together” to comply strictly with a statute that imposes a mandatory life sentence for a defendant convicted of a drug offense with two prior drug convictions.
Court erred in ordering DCS to pay costs
The Indiana Department of Child Services isn't responsible for the costs of a minor's secure detention because it never entered into a written agreement with the juvenile court to cover the costs, the Indiana Court of Appeals ruled today.
Judges: Town ordinance invalid
The Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the authority to collect the fee within its corporate limits.
COA rules on first impression lemon-law issue
The Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem.
Judges uphold mail fraud conviction
Although it noted the question was a "close one," the 7th Circuit Court of Appeals determined there was sufficient evidence to support a man's conviction of mail fraud in his scheme to defraud the government out of money for work he didn't complete.
Mom’s mental ability not reason for termination
The Indiana Court of Appeals declined to write an opinion barring the state from pursuing termination of parental rights of a "retarded person," as requested by the mother in a termination of parental rights case.
Court rules on incurred risk in malpractice suit
The Indiana Supreme Court ruled today that, in general, incurred risk isn't a defense to medical malpractice based on negligence or lack of informed consent.
Inmate’s complaint dismissed again
An inmate's complaint, which led the Indiana Supreme Court to find the Three Strikes Law to be unconstitutional last year, was properly dismissed under the Frivolous Law Claim by the trial court on remand, the Indiana Court of Appeals ruled today.
COA reverses one dismissal of inmate’s suit
The New Castle inmate with a history of filing frivolous lawsuits got a minor victory in the Indiana Court of Appeals today. The judges reinstated his complaint against the only person who presided over the inmate's disciplinary hearing for a Department of Correction rule violation for filing a frivolous claim.
Judges differ in ruling application in set-off case
Indiana Court of Appeals judges couldn't agree on the application of a previous case involving the set-off of workers' compensation payments, leading to a split court and three separate opinions in an insurance company's attempt to recoup a portion of workers' compensation benefits following a jury trial. In Travelers Indemnity Company of America v. Jerry […]