Indiana Estoppel Law
Charles Sauter v. Telecom, L.L.C., d/b/a Priority Communications, et al.
<h2><br> Indianapolis, Indiana commercial litigation lawyers represented that parties in a business law dispute.<br> </h2><br> At the heart of this action is debt incurred by Telecom LLC ("Telecom"). The undisputed facts are that Telecom purchased assets from Midwest Telephone Co Inc ("Midwest"). As a part of that transaction, Telecom-through its managing member, [Robert] Brack-executed a promisso... More...
$0 (12-09-2024 - IN)Jordan Allen Temme v. State of Indiana
<h2><font color="green">Evansville, Indiana - Criminal defense lawyer represented defendant Jordan Allen Temme charged with <i> two counts of Level 1 felony rape (Counts 1 and 2) and one count of Level 3 felony criminal confinement.</h2></font></b></i><br> <br> <br> [5] In June 2016, the State charged Temme under the instant cause, No. 82D03-<br> 1606-F1-3715 (Cause F1-3715), with two counts of ... More...
$0 (10-20-2020 - IN)Bruce A. Bennett v. State of Indiana
Mishawaka, IN - murder<br> <br> <center><br> <table><br> <td><br> <img width="400" src=" https://bloximages.newyork1.vip.townnews.com/southbendtribune.com/content/tncms/assets/v3/editorial/6/2d/62dce6ce-4eb7-11ea-af70-2310b084ced0/5e45d9ad476dd.image.jpg?resize=1200%2C675"> <br> </td><br> </table><br> <h1> <font color="red"> </font> </h1><br> </center><br> <br> <br> Court of Appeals of Indiana... More...
$0 (09-19-2020 - IN)Rickey D. Haines v. State of Indiana
<center><br> <img width="300" src="http://d1bdhkmqqz901h.cloudfront.net/300x400/smart/http://www.bcdemocrat.com/wp-content/uploads/sites/3/2016/05/566eee38d7efd.image_-225x300.jpg"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> When Haines appealed following his first sentencing, we set out the facts as <br> follows: <br> As of December 2015, Haines and Jennifer Wagers (“Wa... More...
$0 (02-09-2019 - IN)Shaun South v. State of Indiana
<center><br> <img width="300" src=" https://media.istockphoto.com/photos/medical-marijuana-buds-on-black-background-picture-id483300738?k=6&m=483300738&s=612x612&w=0&h=W39WC9gxCTX7Q0_2RqhQJoO-H4g2NNTQqhQG-Wb0QLM= "><br> <h2><font color="red">Sooner Cannabis Consultants</a><br> <center><a href="http://www.morelaw.com/vendors/vendor.asp?f=Ed&l=Couse&i=28585&z=74103&s=OK" target="_new">Click Here For... More...
$0 (10-22-2018 - IN)Nicholas Knopick v. Jayco, Inc.
In his telling, plaintiff Nicholas Knopick bought a $415,000 jalopy, but to be more precise, a limited liability company he controls bought the $415,000 jalopy. This factual shift determines the outcome of this case. Knopick has sued the manufacturer under the vehicle’s express limited warranty. That warranty does not cover the ve-hicle because the warranty excludes from coverage all vehi-cles p... More...
$0 (07-17-2018 - IN)Adrian Durden Appellant -v– State of Indiana <table> <td>
Adrian Durden’s first trial for murder resulted in a hung jury. He was tried a second time for murder along with eight drug-related charges. Just under two hours after the jury had begun its deliberations, one of the jurors—Juror 12—sent a note to the court requesting to be excused from service because she “[could] not agree quickl[y] on the charges [or] come to a decision on the charges.�... More...
$0 (06-26-2018 - IN)<b>Kenneth W. Kee v. State of Indiana </b>
In February 2015, Devan Philpott (“Philpott”) was arrested for possession of <br> methamphetamine by the Clarksville Police Department. Philpott asked to <br> become a confidential informant, and he was released from custody. On <br> February 23, 2015, he was interviewed by Indiana State Police Detective Barry <br> Brown (“Detective Brown”). Philpott identified Kee as his dealer, and <br> ... More...
$0 (11-18-2016 - IN)Dewan Nix v. State of Indiana
On April 20, 2014, Nix was located “at or near Main and Mulberry in Howard <br> County, Indiana” and “did knowingly or intentionally violate a no contact <br> order” by having contact with S.M. Appellant’s App. at 38. Nix was arrested, <br> and the State charged him with Class A misdemeanor invasion of privacy under <br> cause number 34D01-1404-CM-274 (“Cause 274”). The trial cour... More...
$0 (05-17-2016 - IN)Toddrick Ogburn v. State of Indiana
On July 11, 2013, Officer Gregory Hosterman of the Evansville Police <br> Department was dispatched to an apartment to investigate a report of a <br> burglary. When Officer Hosterman arrived, he found the front door ajar and <br> the first-floor window adjacent to the front door broken. Suspecting a burglary <br> had occurred, he requested assistance to conduct a protective sweep of the <br> res... More...
$0 (04-18-2016 - IN)Kenworth of Indianapolis, Inc., et al. v. Seventy-Seven Limited, Convey All, LLC, Keller Trucking, Inc., et al.
This case involves a fleet of heavy-duty trucks manufactured by Paccar and sold <br> by Kenworth to the Plaintiffs.3 The Plaintiffs took delivery of the trucks <br> beginning in late 2005 and continuing into early 2006. For each truck, the <br> respective buyer signed a limited warranty agreement, which provided, in <br> pertinent part, for a one-year limitation period from the accrual of a caus... More...
$0 (03-24-2016 - IN)Timothy Schoonover v. State of Indiana
On February 17, 2015, Schoonover fled from Hamilton County and Fishers <br> police officers in a white Chevrolet pickup truck. Those officers pursued <br> Schoonover’s vehicle until it proceeded southbound on Binford Boulevard. <br> Indianapolis Metropolitan Police Department Officer Adam Mengerink <br> received a dispatch concerning the white truck and observed Schoonover run a <br> red light... More...
$0 (03-11-2016 - IN)Matt D. Neace v. State of Indiana
In early April 2013, Indiana State Police Sergeant Paul Andry was conducting <br> an investigation involving Neace. During the investigation, Sergeant Andry <br> contacted Leah Ewen, who Sergeant Andry suspected had recently been in <br> contact with Neace. On April 17, Sergeant Andry and Ewen met at Ewen’s <br> place of employment. At the meeting, Ewen admitted to using <br> methamphetamine,... More...
$0 (02-06-2016 - IN)Amanda Pearson v. State of Indiana
In 2012, Pearson was romantically involved and living with Jeremiah Kelley. <br> Their relationship was volatile and marked by drug use. In April 2012, Kelley, <br> his friend, Clifton Stone, and Pearson engaged in a series of residential <br> burglaries in Carroll, Cass, Howard, and Tipton Counties. In particular, on <br> April 4, 2012, the trio burglarized a home in Cass County. Pearson acte... More...
$0 (01-08-2016 - IN)J.S. Marten, Inc., Janice S. Marten, and Christopher M. Marten v. Indiana Department of State Revenue
During the years at issue, the Martens operated a retail store and sold tangible <br> personal property to customers in Indiana. (See Pet’rs’ V. Pet. Judicial Review Final <br> Determination [Department] (“Pet’rs’ V. Pet.”), Attach. Final Order Denying Refund at 2.) <br> Between July and October of 2008, the Martens remitted, in five separate payments, <br> $162,529.11 in sales tax t... More...
$0 (11-29-2015 - IN)Kendale L. Adams v. City of Indianapolis
These related cases raise dozens of claims of illegal discrimination in the promotion process used by the Indianapolis Metropolitan Police Department and the Indianapolis Fire Department. The complaints are sprawling and the procedural history is a bit convoluted; we have simplified the presentation of the issues. A large group of black police officers and firefighters sued the City of Indianapoli... More...
$0 (02-04-2014 - IN)Billy Julian v. Sam Hanna
The plaintiff in this suit under 42 U.S.C. § 1983 appeals from the dismissal (with prejudice) of his complaint. The complaint charges three Indiana police officers, plus the Town (Frankton) that employed two of them, plus the county sheriff, with malicious prosecution in violation of the due process clause of the Fourteenth Amendment. Other torts are alleged as well; we'll come back to them. Th... More...
$0 (10-21-2013 - IN)Jose J. Loera, Jr. v. United States of America
The petitioner, Jose Loera, asks us to set aside his conviction on the ground that his trial lawyer had been ineffective. See 28 U.S.C. § 2255. Loera had been indicted back in 2005 on drug charges. In response to a motion to suppress, the judge had forbidden the government to offer evidence of what the petitioner had told DEA agents after he allegedly asked for a lawyer. After repeated continua... More...
$0 (05-07-2013 - IN)Dennis Fahlsing v. Shannon Fahlsing and Angela Taylor
Appellant-Plaintiff, Dennis Fahlsing (Father), appeals the trial court's denial of his motion for summary judgment in favor of Shannon Fahlsing (Shannon) and Angela Taylor (Angela) (collectively, the Daughters) and its order staying the action and compelling arbitration.<br><br>We affirm.<br><br>ISSUES<br><br>Father raises two issues on appeal, which we restate as follows:<br><br>(1) Whether the t... More...
$0 (04-09-2013 - IN)Estate of Nicholas D. Rice v. Correctional Medical Services
Nicholas D. Rice died in the Elkhart County Jail in December 2004, nearly fifteen months after he was booked at the jail pending trial on a charge of attempted bank robbery. Rice was known to suffer from schizophrenia, and shortly before his death a judge had found him incompetent to stand trial. Although he was seen by mental health professionals while he was being detained, Rice frequently refus... More...
$0 (03-20-2012 - IN)Dennis Block v. Mark Magura
Dennis Block and Mark Magura executed a letter of intent that Magura would purchase Block"s interest in a partnership. Magura did not complete the purchase, Block filed suit, and the trial court granted summary judgment to Magura and denied summary judgment to Block on the issue of whether the parties" letter of intent creates an enforceable contract. Block appeals and raises a single issue which ... More...
$0 (05-31-2011 - IN)Maria Tara Sutherland v. Wal-Mart Stores, Inc.
Maria Sutherland sued Wal-Mart Stores, Inc., in federal district court. Her allegations included maintenance of a hostile work environment based on sex discrimination and retaliation for reporting sex discrimination, both in violation of Title VII; violation of the Indiana Civil Rights Law; battery and confinement; intentional and negligent infliction of emotional distress; constructive discharge;... More...
$0 (01-21-2011 - IN)Christopher Parish v. City of Elkhart
In this case, we are confronted with the question of when claims of police misconduct resulting in false arrest, false imprisonment, and intentional infliction of emotional distress ("IIEDâ€), accrue for the purpose of the general two-year statute of limitation in Indiana. After serving eight years of a thirtyyear prison sentence for attempted murder, plaintiffappellant, Christopher Parish, w... More...
$0 (07-30-2010 - IN)Estate of Wavie Luster v. Allstate Insurance Company
This diversity suit for breach of an insurance contract was dismissed on summary judgment. The suit is governed, so far as the substantive issues are concerned, by Indiana law, and the plaintiff's appeal presents issues of both contract interpretation and Indiana insurance law.<br><br>Mrs. Luster was a widow living alone in her house in Merrillville, Indiana. She had a homeowner's insurance policy... More...
$0 (03-25-2010 - IN)Reginald D. Whittington, Jr. v. Indianapolis Motor Speedway Foundation, Inc.
Reginald Whittington sued the Indianapolis Motor Speedway Foundation, Inc. ("Foundationâ€) for tortious conversion and replevin of a 1979 Kremer Racing Porsche 935 K3 automobile, which is on display at the Foundation's Hall of Fame Museum. Whittington delivered the racing car to the Foundation in the early 1980s and sought its return in 2004. Whittington claimed that he loaned rather than don... More...
$0 (04-13-2010 - IN)Estate of Wavie Luster v. Allstate Insurance Company
This diversity suit for breach of an insurance contract was dismissed on summary judgment.<br><br>The suit is governed, so far as the substantive issues are concerned, by Indiana law, and the plaintiff's appeal presents issues of both contract interpretation and Indiana insurance law.<br><br>Mrs. Luster was a widow living alone in her house in Merrillville, Indiana. She had a homeowner's insurance... More...
$0 (03-23-2010 - IN)Joseph Jaskolski, et al. v. Rick Daniels and Anna Daniels
Joseph Jaskolski and the National Insurance Crime Bureau ("NICBâ€) bring this interlocutory appeal from the trial court"s denial of their Petition for Certification under the Federal Employees Liability Reform and Tort Compensation Act of 1998, commonly known as the Westfall Act. See 28 U.S.C. § 2679 (2009). The Westfall Act provides that the remedies available under the Federal Tort Claim... More...
$0 (04-24-2009 - IN)Angela E. Brooks-Ngwenya v. Indianapolis Public Schools
Angela Brooks-Ngwenya claims that the Indianapolis Public Schools infringed a copyrighted educational program that she had developed while working for the school system. She also accuses the school system of employment discrimination. The district court granted summary judgment for IPS.<br><br>She had been promoted in October 2002 to classroom assistant at Gambold Middle School. During that school... More...
$0 (04-17-2009 - IN)Steven Peters v. Gilead Sciences, Inc.
Steven Peters suffered a shoulder injury while he was employed by Gilead Sciences, Inc. He took a relatively short medical leave to have corrective surgery, and when his condition did not improve after returning to work, he took another leave. During his second absence, Gilead filled his position with another employee, and when Peters returned to work, Gilead offered him a different position. He d... More...
$0 (07-17-2008 - IN)<a href="http://www.in.gov/judiciary/opinions/pdf/04030704tac.pdf" target="_new">Reed Hodges and Angelia Hodges a/k/a Angela Hodges</a>
<P>Reed Hodges and Angelia Hodges a/k/a Angela Hodges (collectively, "the Hodgeses") appeal the trial court's order in favor of Timothy Swafford on the issue of liability and its award of damages in the amount of $21,150.00. We affirm in part, reverse in part, and remand.1 <P>Issues <P>The Hodgeses present several issues, which we consolidate and restate as follows: <P>I. Whether the trial cour... More...
$21150 (04-03-2007 - IN)<a href="http://www.state.in.us/judiciary/opinions/archive/011302.jgb.html" target="_new">Geico Insurance Company v. Freda Rowell</a>
<P>Appellant-defendant GEICO Insurance Company (GEICO) brings this interlocutory appeal of the trial court's grant of appellee-plaintiff Freda Rowell's various motions for extension of time to respond to GEICO's motion for summary judgment. GEICO also appeals from the trial court's denial of its motion for summary judgment on Rowell's claim for uninsured/underinsured coverage and requests sanction... More...
$0 (02-14-2005 - IN)<a href="http://www.in.gov/judiciary/opinions/completed/05200303.ehf.html" target="_new">American Standard Insurance Company of Wisconsin v. Cicily E. Rogers and Eric Roberts</a>
<P>On March 4, 1998, Rogers was operating a 1998 Ford Expedition, owned by Eric Wilson, southbound on Mitthoeffer Road in Indianapolis, Indiana. Rogers had Wilson's permission to use the Expedition on the day of the incident. At the same time, Roberts was driving a 1983 Chevrolet Caprice northbound on Mitthoeffer Road, approaching a bridge that crosses over Interstate 70. The two vehicles collided... More...
$0 (05-27-2003 - IN)<a href="http://www.in.gov/judiciary/opinions/archive/07030201.nhv.html" target=_new">Bornstein v. Watson's of Indianapolis Inc.</a>
Rebecca Bornstein and Jerry Lewis (collectively, the Plaintiffs) appeal the trial court's order granting summary judgment in their wrongful death action against Watson's of Indianapolis, Inc. (Watson's). Specifically, the Plaintiffs argue that the trial court erred in concluding that their claim was barred by collateral estoppel. Because we find that the issues of liability and damages in ... More...
$0 (07-03-2002 - IN)<a href="http://www.in.gov/judiciary/opinions/archive/09170201.nhv.html"target="_new">Christopher Rassbach, Tamara Rassbach, James Augustyn, and Melody Augustyn v. Vincent Alcala</a>
<P> Christopher Rassbach, Tamara Rassbach, James Augustyn, and Melody Augustyn (collectively, the Plaintiffs) appeal the trial court's order dismissing their negligence action against Vincent Alcala for lack of subject matter jurisdiction. Specifically, the Plaintiffs argue that the trial court erred in disregarding an earlier decision made by the Worker's Compensation Board of Indiana (Board).... More...
$0 (09-17-2002 - IN)<a href="http://www.in.gov/judiciary/opinions/archive/11200201.lmb.html" target="_new">Clark v. Crowe<a/>
<P> William and Diane Clark ("the Clarks") appeal the negative judgment of the Hendricks Circuit Court on their Motion to Enforce Settlement Agreement and the judgment in favor of Robert Vondersaar, Sr. and Robert Vondersaar, Jr. ("the Vondersaars") on their Complaint to Reform Deed. We affirm the negative judgment on the Clarks' complaint and reverse the judgment on the Vondersaars' reformation c... More...
$0 (11-20-2002 - IN)<a href="http://www.in.gov/judiciary/opinions/archive/08140201.msm.html" target="_new">Herdrich Petroleum Corp. v. Radford, et al.</a>
Appellants Herdrich Petroleum Corporation, WhyNot Group, Inc., Jan Hackleman, William J. Herdrich, Jeff Herdrich, and Robert Herdrich (collectively "Herdrich") and Shell Oil Company ("Shell Oil") See footnote appeal from a trial court order allowing Dennis Dixon and Kimberly Dixon, individually and as parents of Brittany and Casey Dixon ("Dixons"), and Samuel Creech, Terri Paddock, and Byron Close... More...
$0 (08-14-2002 - IN)<a href="http://www.in.gov/judiciary/opinions/archive/07020201.rts.html" target="_new">Stephen A. Songer and Country Concrete, Inc. v. Civitas Bank f/k/a Citizens Bank of Western Indiana</a>
Recent practice and case law has inclined toward denying a request for trial by jury whenever a complaint joins claims in law and equity on the theory that any claim in equity "draws the whole lawsuit into equity." We think this narrows the right to trial by jury as guaranteed by the Indiana Constitution. <P> Facts and Procedural History <P> Appellant Stephen A. Songer is chairman of the b... More...
$0 (07-02-2002 - IN)<a href="http://www.in.gov/judiciary/opinions/archive/02210201.rts.html" target="_new">State Farm Fire & Casualty Company v. T.B., a minor by her parents and next friend, George Bruce and Cathy Bruce</a>
State Farm Fire and Casualty Company declined to represent an insured homeowner in a suit brought by a child whom the insured's husband molested during daycare in the insured's home. The insured agreed to a consent judgment of $375,000, with the stipulation that none of it would be collected from the homeowner, and assigned all policy rights to the child. The trial court entered the judgment. It l... More...
$0 (02-12-2002 - IN)<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=01-2466.PDF" target="_new">Peter Scheiber v. Dolby Laboratories, Inc. and Dolby Laboratories Licensing Corp.</a>
The plaintiff in a suit to enforce a patent licensing agreement appeals to us from the grant of summary judgment to the defendants, Dolby for short. Scheiber, the plaintiff, a musician turned inventor who held U.S. and Canadian patents on the audio system known as “surround sound,” sued Dolby in 1983 for infringement of his patents. The parties settled the suit by agreeing that ... More...
$0 (06-17-2002 - IN)<a href="http://www.in.gov/judiciary/opinions/completed/05060201.par.html" target"_new"> Samaddar v. Jones</a>
On June 10, 1998, Samaddar and Jones entered into a Contract for Conditional Sale of Real Estate (the “Contract”), whereby Samaddar agreed to purchase from Jones a parcel of real estate located in Lawrence County, Indiana, for the sum of $225,000.00. The terms of the Contract required Samaddar to make a $50,000.00 down payment, which he paid. The balance of the contract price was to be... More...
$0 (05-06-2002 - IN)