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.
Civil
SCI Propane, LLC v. Frederick, No. 55A04-1211-PL-586, __ N.E.3d __ (Ind. Ct. App., Aug. 13, 2014).
Defendants can recover attorney fees under the General Wrongful Death Statute.
In re S.E., No. 29A02-1312-JT-1064, __ N.E.3d __ (Ind. Ct. App., July 30, 2014).
Trial court did not violate defendant’s due-process rights by requiring her to testify by signing to an interpreter.
Fischer v. Heymann, No. 49S02-1309-PL-620, __ N.E.3d __ (Ind., July 17, 2014).
Responding to the plaintiff’s demand was not the defendant’s only option to mitigate damages, but the trial court was within its discretion to reduce damages.
Camoplast Crocker, LLC v. Magic Circle Corp., No. 29S02-1407-CT-476, __ N.E.3d __ (Ind., July 21, 2014).
Plaintiff’s amendment of the complaint was proper when it was filed before the two-year limitation period expired, even though the court granted the motion to amend after the limitation period expired.