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Case Clips

Published by the Indiana Office of Court Services

Civil

Ellis v. Keystone Construction Corp., No. 32A01-1607-PL-1477, __ N.E.3d __ (Ind. Ct. App., Sept. 5, 2017).

September 11, 2017 Filed Under: Civil Tagged With: Appeals, P. Mathias

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).

September 11, 2017 Filed Under: Civil Tagged With: Appeals, M. Barnes

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).

September 5, 2017 Filed Under: Civil Tagged With: Appeals, M. Bailey

“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).

September 5, 2017 Filed Under: Civil Tagged With: Per Curiam, Supreme

Trial court has subject matter jurisdiction to determine what interest in a trust was sold in Chapter 7 bankruptcy proceedings.

Washington v. Marion Cty. Prosecutor, No. 1:16-cv-02980-JMS-DML, (S.D. Ind., Aug. 18, 2017).

August 29, 2017 Filed Under: Civil Tagged With: Magnus-Stinson, S. District

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).

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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