Justices to decide case questioning health care costs charged to uninsured patients
Indiana’s high court will hear arguments Thursday in Allen v. Clarian Health Partners, Inc., 955 N.E.2d 804 (Ind. Ct. App. 2011), vacated.
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COA finds man was shareholder at time of stock sale
A dispute between family members over stock of the family company led to the Indiana Court of Appeals addressing an issue involving shareholders and revocable trusts that hasn’t yet been addressed in Indiana: whether the settlor, who places shares of stock into a revocable inter vivos trust and names himself as trustee and beneficiary, retains his shareholder status.
Teens sue school after expulsion for online death threats
The three teenage girls who were expelled from school because of their after-school online activity filed a lawsuit Wednesday in federal court against the northern Indiana school district. The teens claim the death threats they made on Facebook were made jokingly and their First Amendment rights are being violated.
Catholic school teacher claims termination due to fertility treatments
A Fort Wayne teacher whose contract at St. Vincent de Paul School was not renewed last year claims it was because she is undergoing fertility treatment.
COA rules on Kroger fuel sign dispute
The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.
Appellate court reverses ALJ in unemployment claim
The Indiana Court of Appeals held that a company was not obligated to continue employing a driver who lost consciousness behind the wheel, but because he holds no fault for that incident, he is eligible for unemployment benefits.
ATM fee disclosure rules and related litigation
In 2011, nine lawsuits were filed in the United States District Court, Southern District of Indiana, in which plaintiffs sued owners or operators of ATMs for failing to post a sign advising users of usage fees. Similar suits have been filed around the country, and groups that represent ATM owners’ interests are calling for a change to federal law to stop further litigation.
Appellate panel affirms trial court in dispute over unpaid land rental
A trial court did not abuse its discretion when it denied a man damages for conversion, the Indiana Court of Appeals found.
COA split on ability to review case
The majority on a personal injury case has dismissed it for appellate review, finding the Indiana Court of Appeals doesn’t have jurisdiction. The majority believed the case was not timely appealed.
5 political candidates file lawsuit
Three judicial candidates in Marion County and two candidates for the Indiana House are suing the county Board of Voter Registration and Election Board, alleging they were denied access to public information.
Andy Mohr target of Volvo Trucks lawsuit
When Volvo Group North America LLC sought to sell its semi trucks in the Indianapolis area, the company turned to veteran auto dealer Andy Mohr to help it gain a foothold in the market.
Republic airlines file federal suit against pilots union
Three airlines operated by Indianapolis-based Republic Airways Holdings Inc. are suing a pilots union over a website they say is damaging their reputation and hindering efforts to hire pilots.
Court preserves woman’s day in court despite delays
The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in court was too harsh.
Trial rules require sufficient postage
The Indiana Court of Appeals has a simple message for litigants: if you are filing anything by certified mail, make sure to put enough postage on your paperwork. Otherwise, don’t expect to use that insufficient postage as an excuse to get around trial rules and court deadlines.
Judges rule on lakefront land rights case
The Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes and the shore of Big Long Lake.
Union withdraws request for temporary restraining order
The union that filed a lawsuit last month in federal court challenging Indiana’s “right-to-work” law has withdrawn its emergency motion for a temporary restraining order.
COA: Department of Labor should review claim
The Indiana Court of Appeals found that a woman’s lawsuit for unpaid wages should have first been brought before the Indiana Department of Labor before she filed her action.
Attorney general suing Super Bowl home rental companies
Indiana Attorney General Greg Zoeller filed lawsuits Thursday against two Arizona-based home rental companies for scamming residents.
Judges affirm ruling in favor of Jeep dealer
The Indiana Court of Appeals has ruled in favor of a southwestern Indiana car dealer being sued by a customer for injuries in a car accident under the Indiana Products Liability Act after Chrysler LLC filed for bankruptcy.
Judges rule in favor of California attorney in Simon case
A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.