Although Legal Father had been established by paternity affidavit and Ind. Code §16-37-2-2.1 was inapplicable, Legal Father was not entitled to judgment as a matter of law on Mother’s petition to establish paternity when Mother and Biological Father could possibly disestablish paternity under Ind. Code § 31-14-5-3.
Civil
Boots v. D. Young Chevrolet, LLC, No. 29A04-1708-PL-1948, __ N.E.3d __ (Ind. Ct. App., Feb. 1, 2018).
Under the Buyback Vehicle Disclosure Law (Ind. Code §24-5-13.5-10) after a buyback vehicle has been corrected by the manufacturer, it may not be resold unless the dealer provides the extended warranty and discloses the vehicle’s condition to the buyer with the written statement.
Fort Wayne Community Schools v. Haney, No. 02A03-1708-CT-1829, __ N.E.3d __ (Ind. Ct. App., Feb. 5, 2018).
Teacher’s conduct, walking by and touching student’s posterior to induce her to sit back down into her seat, falls within the scope of the teacher’s statutory qualified immunity as a teacher managing a classroom; student’s § 1983 claim also fails because, as a matter of law, student failed to show that teacher’s conduct could have violated a clearly established right.
Hays v. Hockett, No. 62A01-1612-DR-2910, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2018).
Jurisdiction under the Uniform Child Custody Jurisdiction Act (“UCCJA”) does not equate to subject matter jurisdiction, and is therefore waivable
L.G v. S.L., No. 18S-AD-32, __ N.E.3d __ (Ind., Jan. 19, 2018).
A trial court judge is not required to recuse from a case solely because counsel for one of the parties served as a professional reference.