Courts should be mindful of the provisions and requirements of T.R. 64(A) with respect to issuing a body attachment, including the provision that body attachments expire 180 days after issuance and the expiration date must appear on the face of the writ.
Civil
Jennings v. Smiley, No. 23A-CT-00303, __ N.E.3d __ (Ind. Ct. App., Dec. 12, 2023).
The trial court did not abuse its discretion when it did not allow discovery of defendant’s cell phone; the burden of plaintiff’s proposed phone inspection outweighed its likely benefit in light of defendant’s significant privacy concerns.
Taylor v. Allen Cnty. Bd. of Comm’rs, No. 23S-CT-378, __ N.E.3d __ (Ind., Dec. 13, 2023).
Appeal was dismissed prematurely because plaintiff had 20 business days from the date of the Notice of Defect to submit corrected documents under Ind. Appellate Rule 23.
DeCola v. Norfolk So. Corp., No. 23S-PL-358, __ N.E.3d __ (Ind., Dec. 8, 2023).
The appellate court did not have jurisdiction over denial of summary judgment motion because it was not a final order and did not resolve all claims as to all parties.
Mellowitz v. Ball State University, No. 23S‐PL‐60, __ N.E.3d __ (Ind., Nov. 21, 2023).
Shielding post-secondary educational institutions from pandemic‐related class action claims is within the General Assembly’s legislative authority, not an unconstitutional taking, and does not unconstitutionally impair the school’s contract obligations to its students.