Attorney’s fees can come from damages award
Reasonable attorney's fees may be paid out of the damages award in a wrongful death action, the Indiana Court of Appeals ruled today.
Indiana Court of Appeals
Articles
Issues of fact in molestation suit against father
The Indiana Court of Appeals affirmed the denial of a motion of summary judgment by a father accused of molesting two of his adopted sons when they were children.
Judges don’t agree candidate is ‘qualified’
Indiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified" under the Indiana Constitution to take office because his election caused three members from the same school district to be on the board.
First impression in jury rule issue
The participation of alternate jurors in discussions of evidence during recesses from trial, as allowed under Indiana Jury Rule 20(a)(8), doesn't violate Indiana statute that prevents alternates from participating in deliberations. The Indiana Court of Appeals ruled on the matter for the first time today.
COA invites high court to revisit Indiana law
In a case involving the purchase of a home, Indiana Court of Appeals judges today disagreed as to whether the home sellers should be granted summary judgment in a fraud suit. The judges unanimously did agree to encourage the Indiana Supreme Court to re-evaluate a rule that protects a seller from a lawsuit, even if he lies about a property, as long as the prospective buyer had a reasonable opportunity to inspect the property.
Judges split in termination ruling
In an opinion involving whether a worker was fired for just cause after multiple excused absences, the majority acknowledged the split in the Indiana Court of Appeals regarding the reasonableness of "no-fault" attendance policies.
COA rules on coal bed gas dispute
In settling a dispute between two Illinois companies regarding who has the legal right to recover coal bed methane gas, the Indiana Court of Appeals made its decision based on public safety and ruled in favor of the company assigned the coal bed gas lease.
Adoption statute allows for subsequent consents
The statutes governing adoption and public policy don't prohibit the execution of subsequent adoption consents, ruled the Indiana Court of Appeals. In In the matter of the adoption of A.S., D.S., C.S., and J.S., minor children, by next friend M.L.S., No. 49A02-0901-CV-60, M.L.S. appealed the probate court's ruling denying her petition to adopt A.S., D.S., C.S., […]
COA reverses assisting criminal conviction
The Indiana Court of Appeals reversed a woman's conviction of misdemeanor assisting a criminal Jan. 2 because the state failed to define "fugitive from justice" and prove the criminal was charged with an offense in another state and fled to Indiana.
COA to hear arguments at Indy high school
Indiana's Court of Appeals will hear arguments at an Indianapolis high school Friday in a case determining whether a juvenile committed auto theft, a Class D felony if committed by an adult.
COA: Park ban violates ex post facto laws
Relying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state was punitive and unconstitutional as applied to him.
Appellate court travels to Vincennes
The Indiana Court of Appeals will hear arguments at Vincennes University Thursday in a case that seeks to determine who is responsible to pay costs and expenses related to environmental contamination.
Trial judge’s comments spur COA reversal
Because of a trial judge's statements following the conviction of a man for having a gun in a controlled area of an airport, the Indiana Court of Appeals reversed the conviction for insufficient evidence.
Opinion examines history of Fireman’s Rule
After delving into the history of caselaw involving Indiana's Fireman's Rule, the Indiana Court of Appeals determined a couple's complaint against an Indianapolis strip club is barred by the rule.
COA: Government vehicle exclusion is void
The Indiana Court of Appeals concluded today in a matter of first impression that the government vehicle exclusion in underinsured motorist policies is void as against public policy.
COA splits on cheek-swab requirements
A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.
eBay suit presents issue of first impression
In an issue of first impression in Indiana – and possibly in the United States – the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.
COA: Insurers have no duty to defend Cinergy
The Indiana Court of Appeals ruled today that the insurers of Cinergy, which was bought out by Duke Energy in 2006, have no duty to defend, indemnify, or otherwise provide coverage in connection with Cinergy's alleged liability for violations of the Clean Air Act at certain plants. The dispute over the insurers' obligations has been […]
Good-faith exception not applicable
An Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception doesn't apply in this case, the Indiana Court of Appeals concluded today.
Appellate court splits on liability of city
The Indiana Court of Appeals split today in deciding whether the city of South Bend should have known putting heavy machinery on an unstable sidewalk would create an unreasonable risk of harm to a brick restorer.