Appellate courts address estate tax, trust division regarding adoptions
As adoptions have become more common and more accepted for expanding the family tree, courts have had to address some legal matters clarifying those familial ties.
Indiana Court of Appeals
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Appeals court hears back-pay arguments
Attorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42 million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned between 1973 and 1993.
Judges rule man’s right to speedy trial was violated
The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court
of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure
the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.
Child must show she is born out of wedlock to inherit
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section
29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
COA concerned about some details in termination case
In affirming the involuntary termination of a mother’s parental rights, the Indiana Court of Appeals noted some troubling
details involving the case.
Technical difficulties snag high-profile appeal arguments
After a hiccup in the state judiciary’s online access to oral arguments, Indiana Court of Appeals Chief Judge John Baker
borrowed some words from television broadcasters of the past: “Please stand by.”
8 submit proposals for Indiana appellate system
Eight companies are interested in outfitting the Indiana appellate courts with a case management system with public access
and e-filing capabilities.
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.
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.