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| Doe v. Town of Plainfield, No. 32A01-0605-CV-188,
COURT OF APPEALS OF INDIANA, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: Plaintiff, a registered sex offender challenging the constitutionality of an ordinance, could proceed anonymously. Plaintiff was challenging government action; he had been subjected to threats and acts of violence; he had disclosed his real name to defendant's counsel; and anonymity would not interfere with the public's ability to follow the case.
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| Hamilton v. Prewett, No. 14A01-0601-CV-32,
COURT OF APPEALS OF INDIANA, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: The trial court properly granted summary judgment to defendant on a defamation claim. Defendant's website, which portrayed a man with a name similar to plaintiff's and in the same business as plaintiff, was clearly meant to be parody when it was read as a whole; no reasonable person could interpret the claims made there to be true.
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| Novotny v. Renewal by Andersen Corp., No. 49A05-0602-CV-93,
COURT OF APPEALS OF INDIANA, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: There was no error in compelling arbitration in connection with sales and loan agreements for sale of sliding glass doors, as freedom to enter contracts encompassed freedom to agree to arbitrate disputes; that Indiana's Uniform Arbitration Act would not otherwise have applied provided no limitation on parties' ability to come to such agreement.
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| Randles v. Ind. Patient's Comp. Fund, No. 49A02-0507-CV-683,
COURT OF APPEALS OF INDIANA, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: In a suit under Ind. Code § 34-23-2-1 for a newborn's death, it was error to consider a father's relationship with his other children. The damages, however, were not outside the scope of the evidence, including evidence that he had not paid for the mother's medical expenses, did not plan to live with her, and had not gone to the hospital with her.
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| Taylor v. Cmty. Hosps. of Ind., Inc., No. 49A04-0605-CV-245,
COURT OF APPEALS OF INDIANA, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: When an employer paid an employee her paid-time-off hours 16 months after she went on medical leave, but before she was terminated, it had not violated the Wage Payment Statute. The employee had been paid in a timely fashion under the employer's policies, and as she had been paid before termination, there was no statutory violation.
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| PricewaterhouseCoopers, LLP v. Massey, No. 49A05-0512-CV-719,
COURT OF APPEALS OF INDIANA, February 7, 2007, Decided , February 7, 2007, Filed
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Overview: Corporate directors had no standing to directly sue a corporate accountant for fiduciary breach or fraud, instead of bringing a derivative action under Ind. R. Trial P. 23.1, because their injuries related to their purchase of corporate shares while directors, and their injury was not distinct from other shareholders when the corporation failed.
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| State v. Motley, No. 49A02-0604-CR-313,
COURT OF APPEALS OF INDIANA, February 7, 2007, Decided , February 7, 2007, Filed
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Overview: Trial court erred in ruling jailhouse telephone calls were inadmissible as State presented sufficient foundation; officer testified, inter alia, he had prior conversations with defendant from which he could identify defendant's voice and that remarks to defendant's name and nickname led officer to believe he was listening to defendant's voice.
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| Townsend v. State, No. 45A03-0604-CR-183,
COURT OF APPEALS OF INDIANA, February 7, 2007, Decided , February 7, 2007, Filed
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Overview: Although defendant's relatively minor criminal history was not aggravating circumstance sufficient to enhance sentence, trial court was not required to attach mitigating weight to criminal history. Sentencing statement indicated trial court found multiple victims to be an aggravating circumstance for the purposes of ordering consecutive sentences.
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| Am. Fire & Cas. Co. v. Roller, No. 29A05-0511-CV-681,
COURT OF APPEALS OF INDIANA, February 8, 2007, Decided , February 8, 2007, Filed
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Overview: Trial court properly denied the insurance company's partial summary judgment motion on whether it owed liability insurance coverage to the general contractor on home buyers' claims against general contractor; genuine issue of material fact remained about whether general contractor provided insurance company with timely notice of potential claims.
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| State v. K.H., No. 79A05-0605-JV-231,
COURT OF APPEALS OF INDIANA, February 8, 2007, Decided , February 8, 2007, Filed
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Overview: Order removing juvenile from sex offender registry was proper as defendant was not informed of procedural requirements under Ind. Code § 11-8-8-5(b); trial court failed to, inter alia, hold evidentiary hearing before ordering him to register and failed to find by clear and convincing evidence defendant was likely to commit another sex offense.
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