The continuing representation doctrine for statute of limitations is not applicable to financial advisers or fraud allegations.
Civil
Ellis v. Keystone Construction Corp., No. 32A01-1607-PL-1477, __ N.E.3d __ (Ind. Ct. App., Sept. 5, 2017).
By intentionally omitting his claimed ownership interest in a company from his dissolution Settlement Agreement, plaintiff is now judicially estopped from asserting a claim of an ownership interest in the company.
Muldowney v. Lincoln Park, LLC, No. 29A02-1610-SC-2439, , __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2017).
Although small claims trials should be informal, the parties must still have the opportunity to present evidence or sworn testimony in support of their positions.
Gray v. County of Starke, Ind., No. 64A03-1703-PL-585, __ N.E.3d __ (Ind. Ct. App., Aug. 29, 2017).
“The excessive force objective reasonableness standard…may be instructive but does not provide a minimum threshold for termination of police employment when an allegation has been made that the officer violated an internal use of force rule.”
Pilkington v. Pilkington, No. 18S02-1708-PL-554, __ N.E.3d __ (Ind., Aug. 30, 2017).
Trial court has subject matter jurisdiction to determine what interest in a trust was sold in Chapter 7 bankruptcy proceedings.