Bank could not add an arbitration addendum to terms and conditions of the bank account because the phrase, “any term of this agreement” only allowed modification existing terms, not adding a new term.
Ivankovic v. Ivankovic, No. 22A-DC-2933, __ N.E.3d __ (Ind. Ct. App., March 15, 2023).
There is no visitation for pets; trial court should not have included in dissolution decree a provision which allows the family dog to travel back and forth between the parties’ households during parenting time.
WEOC, Inc v. Neibauer, No. 22A-CT-1869, __ N.E.3d __ (Ind. Ct. App., March 15, 2023)
Common law claim for negligent furnishing of alcoholic beverages is a claim upon which relief can be granted.
US Automatic Sprinkler Corp. v. Erie Ins. Exchange, No. 22S-CT-264, __ N.E.3d __ (Ind., March 6, 2023).
The absence of contractual privity between the contractor and other commercial tenants precludes them from recovery because the contractor’s allegedly negligent work posed a risk to only property and the commercial tenants suffered only property damage.
Town of Linden v. Birge, No. 22S-PL-352, __ N.E.3d __ (Ind., March 7, 2023).
Flooding issues on caused by Town’s drainage plan are properly analyzed as a per se permanent taking and that case is remanded for the trial court to decide (1) whether the flooding here amounted to a substantial permanent physical invasion of the Property (including that portion lying within the drainage easement), and (2) for a final determination of damages.