COA panel divided on trial court involvement with subpoena
The Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply with a subpoena issued by arbitrators in New York.
Judge Edward W. Najam Jr.
Articles
COA: Trust not bound by ISTA employment arbitration clause
The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.
Judges split on approving high-cost retraining tuition
A panel of judges on the Indiana Court of Appeals couldn’t agree on whether a laid-off man’s request for training at an expensive college should be approved.
Appellate court to hear arguments in Fishers
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
Appellate court finds garage insurance policy doesn’t cover injuries
For only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld partial summary judgment in favor of the insurer.
COA finds voyeurism statute not vague
The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.
Judges define ‘courthouse’ for first time
In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.
Defendants in will contest must timely answer
In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
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.
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.
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 disagree on whether grandfather can adopt
Judges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but
allow the mother to retain her parental rights under Indiana law.
Title company didn’t have authority to close real estate deal
For the first time, the Indiana Court of Appeals has decided that a title insurance agent is not also an agent of the title
insurance company with respect to escrow and closing services.
COA balances free speech vs. minor’s privacy rights
The Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political
speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.
Court: juveniles can be placed on sex offender registry
The Indiana Court of Appeals says a ruling by the state justices last year can’t be used to stop juvenile courts from
ordering juveniles to register as sex offenders.
COA: inequity in grandparent visitation act
The Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships between the parties in an adoption petition.
COA affirms judgment in property-tax dispute
The Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches – property taxes.
County, court don’t have to give back pay
A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.
COA: Business is a nuisance to homeowners
Despite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.