A self-serving, but competent affidavit that contradicted the State’s designated evidence on a material fact was sufficient to preclude summary judgment.
Civil
T.P. Orthodontics, Inc. v. Kesling, No. 46S03-1405-MI-337, __ N.E.3d __ (Ind., Sept. 3, 2014).
To balance the interests in accessing the special litigation committee’s report in a derivative suit, the Court remanded for “(1) TPO to specifically identify privileged attorney-client communications and attorney work product contained within the SLC report; (2) the trial court to review in camera the revised redacted SLC report and privilege designations to determine whether the designated material is in fact privileged; (3) the trial court to then order the release of the revised SLC report not protected by privilege to the sibling shareholders; and (4) the trial court to issue a protective order preventing any party from disclosing the report’s (unredacted) contents.”
Ind. Dept. of State Revenue v. Caterpillar, Inc., No. 49S10-1402-TA-79, __ N.E.3d __ (Ind., Aug. 25, 2014).
Company could not deduct foreign-source dividend income when calculating its net operating losses for Indiana tax purposes.
Ind. Patient’s Comp. Fund v. Holcomb, No. 49S05-1404-CC-209, __ N.E.3d __ (Ind., Aug. 26, 2014).
Indiana’s Medical Malpractice Act’s cap on attorney fees from a Patient Compensation Fund award does not reduce the Fund’s liability.
Gonzalez v. Evans, No. 29A02-1311-DR-984. , __ N.E.3d __ (Ind. Ct. App., Aug. 19, 2014).
Trial Rule 34(C)(3) permits non-parties to recover attorney fees associated with complying with a subpoena or other discovery request, but that refusing to comply with a discovery request solely on the basis that the parties cannot agree on an appropriate amount to pay does not constitute reasonable resistance to a discovery request.