COA reverses transfer of venue in adoption case
A trial court improperly transferred venue in an adoption case, the Court of Appeals of Indiana ruled in a Thursday reversal.
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COA affirms, reverses trial courts’ judgments on what can be submitted to medical review panels
Plaintiffs claiming they were injured by steroid injections are not entitled to summary judgment on their state or federal prescription-law claims, the Court of Appeals of Indiana has ruled.
Judge overturns $176.5M jury verdict against Lilly in patent infringement suit
A federal judge has overturned a $176.5 million jury verdict against Eli Lilly and Co., finding that the Indianapolis-based drugmaker did not infringe on the patents of a competitor in developing a treatment for migraine headaches.
Back at COA, mother whose daughter was molested at school sees partial win, loss on summary judgment
A mother whose daughter with severe disabilities was sexually molested at her school secured a partial victory and partial loss at the Court of Appeals of Indiana, where this time summary judgment rulings were at issue.
COA: Trial court committed reversible error in not setting case for jury trial
A trial court committed reversible error when it proceeded to a bench trial rather than setting the case for a jury trial after the defendant was discharged from a pretrial agreement, the Court of Appeals of Indiana has ruled.
COA remands for fuller analysis of woman’s Medicaid eligibility
An administrative law judge’s analysis of a woman’s irrevocable trust as it relates to her Medicaid nursing home benefits eligibility was incomplete, the Court of Appeals of Indiana ruled in a Tuesday reversal.
COA reverses summary judgment, allows negligence claim against Chinese restaurant to continue
A man who sued a Chinese restaurant after he slipped on what appeared to be grease can pursue his negligence claim after the Court of Appeals of Indiana reversed the grant of summary judgment to the restaurant.
Man convicted in second trial after mistrial faced double jeopardy, split COA rules in reversal
A man convicted and sentenced for sexual misconduct with a minor following a mistrial faced double jeopardy in the subsequent trial, a split Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
Fencing company failed to answer complaint because of excusable neglect, COA rules in reversal
It was reasonable for a fencing company that was being sued to believe its insurer would know about and handle the complaint, a split Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
‘Bright-line rule’ precluded accepting untimely response to summary judgment motion, COA rules in reversal
A man’s late response to a motion for summary judgment should not have been accepted, even though it wasn’t electronically delivered to counsel because of a “technical error,” the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
Man who was told he could leave scene before being searched wins reversal from COA
A man who was told he was free to leave the scene of a traffic stop before being searched convinced the Court of Appeals that his constitutional rights were violated, leading the court to order that his motion to suppress be granted.
‘Relatively minor’ juvenile offense didn’t warrant commitment in DOC, COA rules in reversal
A teen’s placement in the Department of Correction for a “relatively minor” juvenile offense was erroneous, the Court of Appeals has ruled, finding a juvenile court did not sufficiently explore less restrictive options.
Insufficient evidence leads to COA reversal in Vincennes trespass case
A Vincennes police officer was not acting as an agent of a store when he asked a man to leave the store’s property and later arrested him, the Court of Appeals of Indiana ruled in reversing a trial court’s conviction on a misdemeanor trespassing charge.
Neighbor awarded summary judgment on nuisance claim entitled to attorney fees, COA rules
The Court of Appeals of Indiana has ordered a trial court to award attorney fees to a woman who successfully fought her neighbor’s nuisance claim.
Fraud case against car dealership should have survived summary judgment, COA rules in reversal
A man who claims a dealership told him the engine in his truck was under warranty when it really wasn’t should be able to take his case before a jury, the Court of Appeals of Indiana ruled in reversing a trial court’s grant of summary judgment.
‘Special condition’ prohibiting mental health patient from consuming alcohol, drugs during outpatient treatment not supported by evidence, COA rules in partial reversal
Agreeing to consider a mental health commitment case despite the patient’s release, a split Court of Appeals of Indiana has reversed the imposition of a special condition prohibiting the patient from consuming alcohol or drugs during his outpatient treatment.
Officers violated federal, state constitutions in warrantless entry, searches, COA rules in reversal
The Court of Appeals of Indiana has reversed the denial of a defendant’s motion to suppress evidence related to his meth charge, finding the warrantless entry of his home tainted the subsequent searches and discovery of evidence.
COA affirms 5 child molesting felonies but splits in reversing 102-year sentence
A man’s convictions on five felony counts of child molesting will stand, the Court of Appeals of Indiana affirmed Thursday, but the court reversed a 102-year sentence and remanded for resentencing.
Judge’s statements fell ‘woefully short’ of expected conduct, COA rules in ordering new judge
A Putman County judge’s comments that included profanity and negative connotations about women fell “woefully short” of the expected conduct for judicial officers, the Court of Appeals of Indiana has ruled in reversing a denial to correct error.
COA reverses preliminary injunction in dispute between neighbors over easement
The Court of Appeals of Indiana has reversed the grant of a preliminary injunction to a southern Indiana property owner who claimed his neighbor was “hostile” in blocking an easement on his property.