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Case Clips

Published by the Indiana Office of Court Services

Civil

Grant v. Bank of New York Mellon Trust Co., No. 49A05-1404-MF-139, __N.E.3d __ (Ind. Ct. App., April 6, 2015).

April 9, 2015 Filed Under: Civil Tagged With: Appeals, E. Friedlander

Plaintiff improperly attempted to circumvent the trial court’s T.R. 41 ruling by filing a new complaint raising identical legal and factual issues.

Cohen & Malad, LLP v. Daly, No. 29S02-1504-PL-165, __N.E.3d __ (Ind., April 8, 2015).

April 9, 2015 Filed Under: Civil Tagged With: Per Curiam, Supreme

“Absent agreement otherwise, ‘a lawyer retained under a contingent fee contract but discharged prior to the contingency is entitled to recover the value of services rendered if there is a subsequent settlement or award[,]’ and in that case, ‘the fee is to be measured by the proportion of the total fee equal to the contribution of the discharged lawyer’s efforts to the ultimate result[.]’”

Sargent v. State, No. 49D07-1111-MI-44802, __ N.E.3d __ (Ind., Mar. 24, 2015).

March 26, 2015 Filed Under: Civil, Criminal Tagged With: M. Massa, R. Rucker, S. David, Supreme

Reverses forfeiture of vehicle on basis that employee detained in her workplace while trying to illegally take employer’s property was not in possession, constructive or otherwise, of her automobile parked in the lot at the place of employment.

T.K. v. Dep't of Veterans Affairs, No. 49S02-1503-MH-138, __N.E.3d __ (Ind., March 19, 2015).

March 26, 2015 Filed Under: Civil Tagged With: B. Dickson, Supreme

Emphasizes that for a civil commitment the necessary elements of “either dangerous or gravely disabled” must be established by clear and convincing evidence.

In re Howell, No. 94S00-1405-CQ-321, __N.E.3d __ (Ind., March 20, 2015).

March 26, 2015 Filed Under: Civil Tagged With: L. Rush, Supreme

Life insurance bankruptcy exemptions apply to non-dependent spouses and children.

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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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