“City failed to meet its burden of demonstrating that the challenged act or omission was a policy decision made by consciously balancing risks and benefits. Thus, the City was not entitled to summary judgment on the question of discretionary function immunity under the [Indiana Tort Claims Act].”
Civil
Community Health Network v. Bails, No. 49A05-1512-PL-2059, __ N.E.3d __ (Ind. Ct. App., April 7, 2016).
Absent fraud, an agreed judgment is not appealable.
Escamilla v. Shiel Sexton Co., Inc., No. 54A01-1506-CT-602, __ N.E.3d __ (Ind. Ct. App., March 31, 2016).
Plaintiff’s status as an undocumented immigrant is relevant to a claim of lost earning capacity.
State v. Buncich, No. 45S00-1409-PL-587, __ N.E.3d __ (Ind., March 22, 2016).
Consolidation of small voting precincts in Lake County is constitutional, nor is it an impermissible special law or a violation of the separation of powers doctrine.
State v. International Business Machines Corp., No. 49S02-1408-PL-00513, __ N.E.3d __ (Ind., March 22, 2016).
Using the performance standards and indicators provided in the master services agreement, collective breaches were material in light of the agreement as a whole.