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.
Civil
Cardinal Health Ventures, Inc. v. Scanameo, No. 18A02-1703-CT-487, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2017).
Parties are entitled to a jury trial for securities fraud.
In re D.F., No. 82A04-1704-JC-869, __ N.E.3d __ (Ind. Ct. App., Sept. 27, 2017).
The Court of Appeals issued a reminder that trial court magistrates do not have the authority to enter final judgments in civil cases, including juvenile cases.
Miller v. Brown, No. 03A01-1703-DR-512, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2017).
The trial court erred in entering a post-dissolution order requiring father and mother to combine their individual 529 college savings accounts into a single, jointly owned account.
Cox v. Evansville Police Dep’t., No. 82A01-1610-CT-2299, __ N.E.3d __ (Ind. Ct. App., Sept. 22, 2017).
The police department assumed a non-delegable duty of care to the victim of sexual assault by a police officer that was on duty when the sexual assault occurred and the victim had surrendered her autonomy and control to the officer.