Indiana has not abrogated common-law sovereign immunity for non-tort claims premised on the violation of a statute.
Civil
Doe v. Boone Cnty. Prosecutor, No. 06A01-1612-PL-2741, __ N.E.3d __ (Ind. Ct. App., Oct. 24, 2017).
Churches are not “school property” at any time within the meaning of Ind. Code 35-31.5-2-285(1)(D); serious sex offenders are not prohibited from entering church property if that church offers Sunday school or child care services for children in the relevant age group.
Moell v. Moell, No. 45A05-1704-DR-784, __ N.E.3d __ (Ind. Ct. App., Oct. 13, 2017).
Trial court did not have authority to allow the 17-year-old child of the parties to make his own decisions regarding parenting time and related issues.
Harris v. Lafayette HIHTC, LP, No. 79A02-1703-SC-638, __ N.E.3d __ (Ind. Ct. App., Oct. 13, 2017).
Trial court violated defendant’s due process right to an impartial decision maker by making improper comments about paying rent.
Vickery v. Ardagh Glass, Inc., No. 49A02-1702-PL-330, __ N.E.3d __ (Ind. Ct. App., Oct. 13, 2017).
Litigating in a Commercial Court is not compulsory. Defendant waived challenge to Commercial Court’s personal jurisdiction by failing to file a refusal notice. Cautions attorneys and trial courts to be mindful of the notice requirements for temporary restraining orders.