Articles

COA: Judge belittled, disparaged tenant in $38 rent spat

A small-claims judge who failed to swear in litigants in a small-change rent lawsuit drew a rebuke and a reversal from the Court of Appeals Friday, who found she not only improperly shifted the burden of proof to the plaintiff, but also belittled and disparaged her.

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COA rejects commercial court challenge, rules against worker

While an Indiana commercial court failed to provide sufficient notice to a worker who was being sued by his former employer that sought to enforce a noncompete agreement, the Indiana Court of Appeals found the worker had waived his argument and affirmed a resulting injunction barring him from a new job at a competing company.

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COA: Bank that sold property to itself entitled to summary judgment

A northern Indiana bank that took deed of a property in lieu of foreclosure and sold the property to itself was entitled to summary judgment on the owner’s claims of fraud and breach of agreement, the Indiana Court of Appeals ruled Wednesday after finding those claims were “wholly without merit.”

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Divided COA allows fraud claim against bank to proceed

A man whose inheritance from his deceased mother was depleted by more than $60,000 while a bank and his relatives were guardians of his family’s estates can continue in his lawsuit against the bank, the Indiana Court of Appeals ruled Tuesday.

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Summary judgment to railroad company on citations complaint reversed

A Virginia-based rail company must face the state of Indiana in court in a conflict over whether state-issued citations for blocking grade crossings were proper after the Indiana Court of Appeals determined Tuesday that federal law does not preempt state law governing how long a train can block a crossing.

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COA sends securities fraud claim to trial

A claim of securities fraud against an Indiana health company must proceed to trial after the Indiana Court of Appeals determined the trial court erred by striking a request for a jury trial without the consent of both parties.

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