The drafter of a will owes a fiduciary duty to intended beneficiaries even though he may not have known their names when he drafted the will.
Civil
Estate of Mayer v. Lax, Inc., No. 37A03-1207-PL-323, __ N.E.2d __ (Ind. Ct. App., Oct. 7, 2013).
-Termination of a cause of action against an alleged agent-tortfeasor because of death does not require termination of a cause of action against the agent’s principal.
-Punitive damages should not be imposed against a corporation strictly on the basis of respondeat superior for an employee’s misconduct; there must be evidence of positive or collusive action by the employer.
In re Dixon, No. 71S00-1104-DI-196, __ N.E.2d __ (Ind., Oct. 8, 2013).
Adopts an objective standard for determining when a statement made by an attorney about a judicial officer violates Indiana Professional Conduct Rule 8.2(a), “A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge . . . .”
Palmer v. Sales, No. 45A03-1302-SC-3, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2013).
T.R. 76(C)(5) does not apply to change of judge requests in small claims cases; the change of judge request made pursuant to T.R. 76(C)(1) should have been granted.
Asher v. Coomler , No. 49A04-1302-DR-71, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2013).
When the appointed special judge was unavailable, under T.R. 79(I)(2)(a), only a judge pro tempore, temporary judge, or a senior judge appointed by the special judge could preside over proceedings.