Although labeled otherwise, plaintiff’s Motion to Issue a Valid Driver’s License Credential effectively asked the trial court to engage in judicial review of an agency action and plaintiff was required to comply with the Indiana Administrative Orders and Procedures Act.
Civil
Kennedy Tank & Mfg. Co., Inc. v. Emmert Industrial Corp., No. 49S02-1608-CT-431, __N.E.3d__ (Ind., Jan. 3, 2016).
Indiana’s 10-year statute of limitations is not preempted by the federal statute of limitations in the Interstate Commerce Commission Termination Act.
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.