Trial court has subject matter jurisdiction to determine what interest in a trust was sold in Chapter 7 bankruptcy proceedings.
Civil
Washington v. Marion Cty. Prosecutor, No. 1:16-cv-02980-JMS-DML, (S.D. Ind., Aug. 18, 2017).
Withholding a person’s seized vehicle without a post-seizure, pre-forfeiture hearing violates 5th and 14th Amendment due process protections. Southern District Court entered a permanent injunction prohibiting the defendants from enforcing Ind. Code 34-34-1-1(a)(1).
John Doe #1 v. Ind. Dept. of Child Svcs., No. 49S02-1609-CT-464, __ N.E.3d __ (Ind., Aug. 24, 2017).
Statute requiring Department of Child Services (DCS) to protect reporter identity (Ind. Code § 31-33-18-2) does not create a a private right of action; there was also no common-law basis for to impose a duty on DCS for confidentiality.
Estate of Kent v. Kerr, No. 55A01-1612-ES-2907, __ N.E.3d __ (Ind. Ct. App., Aug. 25, 2017).
Prior to the decedent’s death, Ind. Code § 29-1-9-1 permits the prospective beneficiaries of a future inheritance to execute a family settlement agreement to determine their anticipated rights or interests in the decedent’s estate.
Price v. Ind. Dept. of Child Svcs., No. 49S05-1705-PL-285, __ N.E.3d __ (Ind., Aug. 28, 2017).
A judicial mandate cannot be issued to control Department of Child Services caseload requirements.