COA upholds denial of motion to suppress
The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest
in the subscriber information of an Internet service provider.
Indiana Court of Appeals
Articles
COA addresses inverse condemnation issues
Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding
fraudulent concealment and the statute of limitations.
COA: attorney’s statement binding
The Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim
for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against
the company and that admission is binding.
COA panels divided on attorney’s fees under AWDA
Nearly a month after an Indiana Court of Appeals panel ruled attorney’s fees aren’t recoverable under the Adult Wrongful
Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
Court upholds judgment in legal malpractice suit
The Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although
the judges didn’t agree on the professional obligations of the firm based on its contract.
COA addresses equine statute for first time
Ruling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute
barred a woman’s claim for injuries during a horse competition.
Admittance of psychologist’s testimony requires new trial
The Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court
shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.
Judges split in adopted trust-beneficiaries matter
In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana
Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.
Majority affirms default judgment against Sears
The Indiana Court of Appeals split today as to whether a department store was entitled to have a default judgment set aside.
COA affirms doctrine of transferred intent applies
The Indiana Court of Appeals agreed that the doctrine of transferred intent applied in the case of a juvenile adjudicated
for committing battery for hitting his teacher unintentionally when trying to punch another student.
Couple should have jury trial on legal claims
A couple whose home is being foreclosed on is entitled to a jury trial on their legal claims against the mortgage holder and
loan servicer, the Indiana Court of Appeals ruled today.
Judges: 2-year statute of limitations doesn’t apply
The Indiana Court of Appeals reversed the dismissal of a medical group’s application for adjustment of claim for provider
fee, finding the Indiana Worker’s Compensation Board erred by ruling the application was filed outside the statute of
limitations.
Court: Man properly executed will, not under undue influence
The Indiana Court of Appeals today affirmed a jury’s decision that upheld a will after the decedent’s children
questioned whether the will was executed properly and whether the trial court erred in rejecting a jury instruction regarding
undue influence.
Felony can’t be modified to misdemeanor 9 years later
In a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification
of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty
to operating a vehicle while intoxicated.
Judges find ruling denied mentally ill man’s due process rights
The Indiana Court of Appeals reversed today the denial of a mentally ill man’s motion to dismiss charges against him
because not dismissing the charges was a violation of his due process rights.
Man entitled to commission, but a reduced amount
Because a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his former employer owed him due to draws and set-offs.
Court: insufficient notice bars tort claim
The Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium
complex and its various longtime issues.
COA extends judicial immunity to arbitrators
The Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award
to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their
sponsors.
Justices grant 3 transfers
The Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices
examined a total 35 cases that were before them for possible transfer.
Woman loses bid for new trial, appeals
A Greensburg woman – who said she was wrongfully convicted 14 years ago of an arson that killed her son – has lost her latest bid for a new trial and is now taking her case to the Indiana Court of Appeals.