Under Indiana Evidence Rule 806, when a hearsay statement, such as the attorney’s deposition, has been admitted into evidence, the hearsay declarant’s credibility may be attacked as though they had testified in person.
Civil
Exploration Center I, LLC, et al. v. MDC of Marion County, No. 25A-PL-977, __ N.E.3d __ (Ind. Ct. App., Apr. 17, 2026).
Under I.C. § 6-1.1-12.1-5.9(e), the statute’s language that the appeal shall be heard and decided within thirty days was not meant as mandatory language but was included in the statute so that the matter would be acted upon promptly and expeditiously.
Harper v. S&H Leasing, et al, No. 25S-PL-111, __ N.E.3d __ (Ind., Apr. 9, 2026).
The Crime Victim’s Relief Act allows trial courts to award treble damages to victims of certain criminal offenses in a civil claim against the wrongdoer. To prevail under the CVRA, a plaintiff must prove the defendant committed all elements of the criminal offense.
Geels v. Flottemesch, et al, No. 25S-PL-225, __ N.E.3d __ (Ind., Apr. 8, 2026).
ERISA is a preemption defense that must be raised at the trial court level or it is waived. If a fiduciary relationship is breached those actions can amount to constructive fraud which in turn supports the imposition of a constructive trust.
Martinez v. Smith, et al, No. 26S-CT-112, __ N.E.3d __ (Ind., Apr. 8, 2026).
The common-law duty under the Reece case to refrain from creating hazardous conditions encompasses not just the paved portion of the roadway but also traffic-control devices within the public right-of-way.