Civil: Supreme Court Addresses Negligence, Grandparent Custody & Visitation Rights

On Wednesday, the Indiana Supreme Court issued two opinions – one addressing issues pertaining to negligence claims, the other addressing the scope of grandparent custody and visitation rights. In Estate of Mintz v. Connecticut General Life Insurance Co., the Indiana Supreme Court addressed several issues arising from an insured’s claim of negligence against an insurance “servicing agent” and an insurer. The issues in Mintz arose when an Indiana University professor reached retirement, and his University-provided life insurance needed…

Civil: Court of Appeals Addresses Statutory Construction Issues

On Wednesday, the Indiana Court of Appeals addressed issues of statutory construction in two cases. In Fort Wayne Patrolmen’s Benevolent Association v. City of Fort Wayne, the Indiana Court of Appeals held that an off-duty police officer was not “performing her duty” as a police officer, pursuant to Indiana Code section 36-8-4-5, when she was injured in an accident involving her patrol car after her shift ended.  The officer in the case was participating in Fort Wayne’s Home…

Oral Argument Preview: Week of March 23, 2009

Tuesday, March 24, 2009 At 10 a.m., the Indiana Court of Appeals will hear argument in Reynolds v. State.  The subject of the argument is whether attorney Gregory L. Caldwell should be held in contempt for failure to comply with the Court’s orders.  See the Court’s description of the case here. Wednesday, March 25, 2009 At 1 p.m., the Indiana Court of Appeals will hear argument in Jaskolski v. Daniels.  At issue in this interlocutory appeal is the…