Constitutional Law
Constitutional Law
Reading and watching the news for the last few days has made it clear that the United States Supreme Court's recently issued "Rainbow Rulings", which dealt with different facets of gay rights and marriage, are two of the least-understood opinions in memory.
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Pretrial Procedure
Pretrial Procedure
Wright v. Miller (Ind. June 21, 2013) In this case, the Supreme Court reversed the Trial Court’s exclusion of a plaintiff’s expert witness and dismissal of the plaintiff’s case for repeatedly failing to comply with the Trial Court’s case management order and deadlines.
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Medical Malpractice Claim
Medical Malpractice Claim
In this case, the Court of Appeals reversed the dismissal of a medical malpractice claim, finding that the trial court abused its discretion by dismissing the complaint under Indiana Code section 34-18-10-14 and that it lacked jurisdiction to dismiss the complaint under Indiana Trial Rule 41(E).
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Criminal Law
Criminal Law
​Alexander v. State (Ind. Ct. App. May 10, 2013) In this case, the Indiana Court of Appeals dismissed a criminal appeal on the grounds that the Court of Appeals lacked jurisdiction because the order that the Defendant was attempting to appeal was not a final order.
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Medical Malpractice Complaint Filed with the Indiana Department of Insurance
Medical Malpractice Complaint Filed with the Indiana Department of Insurance
In this medical malpractice case, the Indiana Court of Appeals decided, as an issue of first impression, that a proposed complaint for medical malpractice is not considered filed with the Indiana Department of Insurance on the day it is mailed if it sent by a third-party private carrier.
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Family Law: Contribution to Child's College Education
Family Law: Contribution to Child's College Education
​Lovold v. Ellis (Ind. Ct. App. April 26, 2013) In this decision, the Indiana Court of Appeals addressed several issues, including the often-litigated and disputed obligation of a non-custodial parent to contribute to the cost of a child’s college education.
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Products Liability Case Providing Analysis of Personal Jurisdiction
Products Liability Case Providing Analysis of Personal Jurisdiction
​Sebring v. Air Equipment & Engineering, Inc. (April 4, 2013) In this products liability case, the Court of Appeals gave a comprehensive analysis of personal jurisdiction.
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Employment Law
Employment Law
​Walczak v. Labor Works – Fort Wayne, LLC (Ind. March 13, 2013) In this decision, the Supreme Court addressed some uncertainty that existed regarding the Wage Payment Act and the Wage Claims Act.
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Family Law: Grandparents' Rights
Family Law: Grandparents' Rights
In re Visitation of M.L.B. (Ind. March 7, 2013) In this opinion, the Supreme Court addressed the tension that often arises between grandparents’ rights to see their grandchildren and parents’ rights regarding their children.
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Subject Matter Jurisdiction to Hear Labor Disputes
Subject Matter Jurisdiction to Hear Labor Disputes
​Walczak v. Labor Works-Fort Wayne, LLC (Ind. Ct. App. March 5, 2012) This case involved a claim for unpaid wages filed by an employee against a temp agency.
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Family Law: Turner v. Turner
Family Law: Turner v. Turner
​Turner v. Turner (Ind. Ct. App. Feb. 28, 2013) On July 1, 2012, the legislature amended Indiana Code § 31-16-6-6 by changing the presumptive age for termination of child support from twenty-one to nineteen. In this case, the Court of Appeals addressed the effect of the amended statute on child support orders entered before the amendment.
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Premises Liability
Premises Liability
South Shore Baseball, LLC v. DeJesus (Ind. Ct. App. Feb. 15, 2013) The Indiana Court of Appeals has issued a decision that significantly affect claims involving injuries to spectators at baseball games or other sporting events.
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Restitution: Iltzsch v. State (Ind. Jan. 24, 2013)
Restitution: Iltzsch v. State (Ind. Jan. 24, 2013)
​Iltzsch v. State (Ind. Jan. 24, 2013) In this opinion, the Supreme Court reached two conclusions regarding restitution proceedings.
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Appeals in the News- early January
Appeals in the News- early January
It has been a busy start to 2013 for appeals in the news.
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Tort Prejudgment Interest Statutes
Tort Prejudgment Interest Statutes
On December 12, 2012, the Supreme Court handed down four decisions interpreting the Tort Prejudgment Interest Statutes (TPIS), Kosarko v. Padula; Inman v. State Farm Mutual Automobile Insurance Company; Alsheik v. Guerrero; and Wisner v. Laney.
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Child Custody
Child Custody
​D.C. v. J.A.C. (Ind. Nov. 13, 2012) In this child-custody dispute, the Indiana Supreme Court affirmed the trial court’s decision to modify custody in favor of the father and prevent the mother from moving out of state with the child.
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Worker's Compensation Law: Amerisafe Risk Services, Inc. v. Estate of Wadsack
Worker's Compensation Law: Amerisafe Risk Services, Inc. v. Estate of Wadsack
​Amerisafe Risk Services, Inc. v. Estate of Wadsack (Ind. Ct. App. Nov. 9, 2012) In this case, the Court of Appeals held that a party bringing against a worker’s compensation insurer and claims handler must first bring the claim before the Worker’s Compensation Board before proceeding in state court.
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Appellate Procedure
Appellate Procedure
State v. Holtsclaw (Ind. November 5, 2012) In this case, the Indiana Supreme Court held that Appellate Rule 9, which tolls the thirty-day deadline for filing a notice of appeal when a party files a motion to correct error, applies not only in civil cases but also to the State in a criminal case.
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Protective Orders
Protective Orders
​A.G. v. P.G. (Ind. Ct. App. Sept. 21, 2012) In this case, the Court of Appeals affirmed the trial court’s extension of a protective order issued against a father in favor of a mother.
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Criminal Procedure- Search and Seizure
Criminal Procedure- Search and Seizure
​Carpenter v. State (Ind. Ct. App. Sept. 19, 2012) In this case the Court of Appeals affirmed the defendant’s conviction for Class B felony conspiracy to commit dealing in methamphetamine.
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