The trial court lacked the authority to remove counsel without considering other, less drastic options and weighing the prejudice to the defendant.
Civil
Morehouse v. Dux North, LLC, No. 23S-PL-71, __ N.E.3d __ (Ind., Feb. 8, 2024).
For an implied easement by prior use, the claimed servitude must predate the severance creating the separate parcels. For an implied easement of necessity, the claimed necessity need arise only at severance and not before.
Doe v. K.M.W., No. 22A-CT-2922, __ N.E.3d __ (Ind. Ct. App., Feb. 12, 2024).
For negligent parental supervision, the court should determine whether there is evidence that the parent knew or should have known that the child (1) had a habit of engaging in the particular act, or (2) had a habit of engaging in the course of conduct, which led to the plaintiff’s injury.
Ping v. Inman, No. 23A-CT-251, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2024).
A trial court should hold an evidentiary hearing on the issue of juror misconduct if there is a possibility of juror bias.
Land v. IU Credit Union, No. 23S-CP-115, __ N.E.3d __ (Ind., Feb. 1, 2024).
On rehearing, the Court recognizes the practical difficulties that businesses may face in securing affirmative consent to contract modifications from existing customers and notes that it leaves open the possibility of adopting, in the future, a different standard governing the offer and acceptance of unilateral contracts between businesses and consumers.