Indiana Court of Appeals - The Indiana Lawyer

COA: Dealership not denied due process

January 1, 2008

he Indiana Court of Appeals directly addressed for the first time today the due process implications of an administrative law judge conducting a hearing without the participation of a party who received notice but couldn't be contacted by telephone at the time of the hearing. The appellate court found a car dealership's due process hadn't been violated when it failed to participate in a telephone hearing with the administrative law judge and a former employee.

Decomposition cleanup subject to lien law

January 1, 2008

A decomposing body left in a Johnson County home has led the Indiana Court of Appeals to analyze the state mechanic's lien statute.

Court reverses joint tenancy interest ruling

January 1, 2008

The Indiana Court of Appeals reversed a finding that a mother and her daughter and son-in-law each held a one-half joint tenancy in a property, finding the parties actually held one-third undivided interest as joint tenants.

Arguments set in Lake County early-voting case

January 1, 2008

The Indiana Court of Appeals will hear arguments in the Lake County early-voter registration appeal at 1:30 p.m. EDT Oct. 30 in the Indiana Supreme Court Courtroom, Statehouse Room 317, Indianapolis.

Riverboat not covered by Jones Act

January 1, 2008

A casino riverboat that is indefinitely moored to the shore isn't considered a vessel in navigation under the federal Jones Act, so a riverboat worker can't bring a claim for compensation of injuries under the act, the Indiana Court of Appeals ruled today.

COA disagrees on reason to grant appeal

January 1, 2008

The Indiana Court of Appeals unanimously reversed the revocation of a man's probation but disagreed as to the manner in which the appellate court was authorized to do so.

Law doesn’t contain presumption on negligence

January 1, 2008

The Indiana Court of Appeals found a trial court committed a reversible error when it instructed a jury that Indiana law has a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent. The ruling came in a suit against a school for the death of a student.

Court: CHINS records aren’t available to media

January 1, 2008

The circumstances that led to two siblings being deemed as children in need of services and the media attention their family received don't justify the trial court allowing the media access to the children's CHINS records, the Indiana Court of Appeals ruled today.

ISBA members approve judges up for retention

January 1, 2008

The five Indiana judges up for retention this November have received overwhelming support from Indiana State Bar Association members. The ISBA poll shows no judge or justice received less than 83 percent of "yes" votes for retention.

Prior conviction counts in sentencing decision

January 1, 2008

A prior drunk-driving conviction – reached pursuant to a state statute now repealed and recodified in a newer law – can be used in determining a person's sentence, the Indiana Court of Appeals ruled today.

Judges disagree on punitive damages award

January 1, 2008

The Indiana Court of Appeals upheld a compensatory damage award today for a couple that was attacked, but the majority remanded the trial court's punitive damage award because it was excessive.

Court remands to recalculate attorneys’ fees

January 1, 2008

The Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord, but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the amount was insufficient.

COA: Award fees for litigation costs

January 1, 2008

The Indiana Court of Appeals instructed a trial court today to follow its guidance on remand to determine the amount of money to award to a man who wants to recover fees for litigation at the trial and appellate levels. The court hopes to avoid another appeal of the case.

No partial parental right termination allowed

January 1, 2008

Indiana law doesn't allow for partial termination of parental rights, the state's Court of Appeals has ruled in a case of first impression.

Judges split on sentence reduction

January 1, 2008

An Indiana Court of Appeals panel was split in determining how much weight to give to a defendant's mental illness in evaluating her sentence.

COA: Let a sex offender stipulate

January 1, 2008

A convicted sex offender accused of failing to register will get a new trial, the Indiana Court of Appeals ruled today.

$1.25 million med mal verdict affirmed

January 1, 2008

The Indiana Court of Appeals has upheld a $1.25 million jury verdict and in doing so ruled on three issues of first impression
that will likely impact future medical malpractice suits.

Adult son could file paternity, support petition

January 1, 2008

A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.

Amendment trumps high court ruling

January 1, 2008

Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.

Mom not in contempt over middle name change

January 1, 2008

A trial court erred in finding a mother in contempt for not changing the middle name of her child, the Indiana Court of Appeals ruled today. The appellate court remanded the case for consideration of whether the name change would be in the best interest of the child.

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