Indiana’s 10-year statute of limitations is not preempted by the federal statute of limitations in the Interstate Commerce Commission Termination Act.
Civil
Polet v. ESG Security, Inc., No. 49A02-1510-CT-1631, __N.E.3d__ (Ind. Ct. App., Dec. 27, 2016).
Where foreseeability is an element of duty, the court must determine the question of foreseeability as a matter of law; stage collapse due to high wind is not foreseeable as a matter of law.
Brown v. City of Valparaiso, No. 64A05-1607-PL-1488, __N.E.3d__ (Ind. Ct. App., Dec. 30, 2016).
There is no private cause of action under the Flood Control Act.
Yeager v. Deutsche Bank Nat’l Trust Co., No. 22A04-1604-MF-727, __N.E.3d__ (Ind. Ct. App., Dec. 6, 2016).
In a mortgage foreclosure, a trial court must hold a hearing or to otherwise obtain information to determine the amount of the defendant’s provisional monthly payment.
Reynolds v. Reynolds, No. 29S04-1612-DR-00636, __N.E.3d__ (Ind., Dec. 6, 2016).
Motion for rule to show cause was specific enough to excuse strict compliance with the contempt statute and protect due process rights.