COA: Second amended complaint allowed
A former Steak 'n Shake employee appealed the trial court's dismissal of his claims of defamation and invasion of privacy against the company, which the Indiana Court of Appeals reversed and remanded today.
Indiana Court of Appeals
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Sexual misconduct doesn’t fall under MedMal act
The Indiana Court of Appeals today affirmed a trial court determination that an employee's sexual conduct with a patient can't constitute a rendition of health care or professional services, so a negligent hiring complaint against a hospital based on that conduct doesn't fall under the Indiana Medical Malpractice Act.
Court agrees on ID standard, split on ‘injury’
Requiring police identifications to be recorded isn't a standard the Indiana Court of Appeals is willing to adopt at the moment. A three-judge appellate panel agrees on that issue, but in a ruling today those judges disagree on a separate appeal claim about a victim's punch to the face. In Henry Lewis v. State, No. […]
Court erred in dismissing claim with prejudice
The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.
COA rules on ‘In God We Trust’ plate suit
Not charging an administrative fee for Indiana's "In Got We Trust" license plates doesn't violate the state constitution, affirmed the Indiana Court of Appeals today in an unpublished decision.
Tax sale petitions OK because of lack of notice
The Indiana Court of Appeals ruled in favor of a woman in two separate cases involving the purchase of her property at tax sales in Franklin County after determining she received insufficient notice of the sales.
COA travels to Terre Haute
An Indiana Court of Appeals panel of judges travels to Terre Haute Thursday for arguments in a robbery case out of Vanderburgh County.
COA: Expenses apply under penalty period
The Indiana Court of Appeals ruled in favor of a woman who wanted her out-of-pocket payments to a nursing facility allowed as a spend-down expense, finding the Indiana Family and Social Services Administration's denial of her request would penalize her twice.
State can increase withholding without order
The Indiana Court of Appeals examined the state's code regarding the limits of a withholding amount in child support arrearage, and acknowledged that its interpretation of the statute allowing the state to increase the amount without a court order "may cause some concern."
COA reverses child welfare molestation case
The Indiana Court of Appeals has tossed out the convictions and 106-year sentence of a former Hamilton County child welfare worker accused of molesting two boys, including an autistic boy who he'd mentored.
COA to hear arguments at Indy cathedral
The Indiana Court of Appeals will hear arguments in Indianapolis tomorrow, but not in their usual courtroom venue.
No summary judgment in mailbox case
The owners of a mailbox struck by a woman's car that left the road inexplicably aren't entitled to summary judgment on the woman's negligence claim, the Indiana Court of Appeals affirmed today.
Termination of rights affirmed despite error
A trial court erred when it failed to follow Indiana Code in a termination of parental rights hearing, the Indiana Court of Appeals ruled today. Because the appellate court found the error to be harmless, it affirmed the involuntary termination of a father's parental rights.
COA: Gun test-firing not an unlawful search
Routine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment rights, the Indiana Court of Appeals ruled today.
COA upholds Plainfield parks ban
The Indiana Constitution doesn't ensure a person's right to enter a public park, and that means a local law restricting sex offenders from visiting those areas isn't unconstitutional, the Indiana Court of Appeals ruled today.
Judges disagree on attorney fee provision
A legal battle that was once about Indiana's requirements to obtain a driver's license or state identification turned into a tug-of-war appeal about attorney fees.
Former COA chief judge, IBF founder dies
A former chief judge of the Indiana Court of Appeals and a founder of the Indianapolis Bar Foundation died Thursday.
Commission OK to rule on territory dispute
The Indiana Court of Appeals affirmed an order by the Indiana Utility Regulatory Commission, finding the commission had the authority to hear a dispute between a town and a water company.
COA: Collateral estoppel not applicable
The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.
Statute must be followed in all CHINS cases
The Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services cases and termination cases even if a court determines reunification efforts aren't required.