Articles

COA affirms mom’s convictions targeting stepmom

The Indiana Court of Appeals affirmed a mother’s intimidation convictions Friday, writing that her children’s stepmother had lawful custody of the children, so the mother’s threats against the woman constituted intimidation based on a prior lawful act.

Read More

COA holds public trust rights rule along lakeshore

When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.

Read More

COA affirms lifetime suspension of driving rights

A man who was caught driving with a suspended license cannot challenge the legality of the lifetime suspension of his driving privileges because the law in effect at the time of his arrest required the lifetime suspension, the Indiana Court of Appeals found Wednesday.

Read More

COA affirms dismissal of case due to res judicata

Res judicata prevents a title insurance company from taking a “second bite” at the apple, the Indiana Court of Appeals ruled Friday, in a case in which the company appealed dismissal of its second attempt to challenge an action by the Indiana Department of Insurance.

Read More

Court affirms injunction preventing violations of non-compete clauses

After several employees from one civil engineering firm began soliciting employees from a competitor, the Indiana Court of Appeals held Wednesday that a trial court correctly issued a preliminary injunction to force the employees to comply with non-compete and non-solicitation clauses they had signed.

Read More

COA upholds summary judgment in workers’ comp case

Although he was hired to work on a specific project for a southern Indiana construction company, a worker who was injured on a construction job must seek damages through Indiana’s Worker’s Compensation Act because he was considered an “employee” of the company.

Read More

Judges: Parents, courts need guidance on discipline

The Indiana Court of Appeals upheld a man’s conviction for battery against his daughter on Wednesday but expressed concern over the lack of guidance courts are given when trying to determine when parental discipline goes too far.

Read More

Errors lead to reversal of veteran’s involuntary commitment

A trial court’s order mandating the involuntary commitment of a veteran has been vacated after the Indiana Court of Appeals found that the Department of Veterans Affairs failed to follow proper legal protocol in serving documents and did not prove that the veteran posed a risk to himself or others.

Read More

Lack of jurisdiction keeps cemetery case in court

A woman’s fight to bury her mother in a burial site that she had purchased but that was mistakenly resold will continue after the Indiana Court of Appeals found that a small claims court did not have jurisdiction to grant her injunctive relief.

Read More