Clarifies that, in an eminent domain case, if statutory procedures are not followed, the trial court is not permitted to hear the issue of damages because legal error was committed.
Civil
TP Orthodontics, Inc. v. Kesling, No. 46A03-1207-MI-324, __ N.E.2d __ (Ind. Ct. App., Sept. 3, 2013).
When a corporation forms a special litigation committee, and the corporation later requests dismissal of derivative claims based on the findings of that committee, attorney-client privilege in the special litigation committee’s report is waived.
Schoettmer v. Wright, No. 49S04-1210-CT-607, __ N.E.2d __ (Ind., Aug. 27, 2013).
Equitable estoppel can prevent defendant from using the Indiana Tort Claims Act time limit as a defense.
Santelli v. Rahmatullah, No. 49S04-1212-CT-667, __ N.E.2d __ (Ind., Aug. 28, 2013).
A jury must consider the intentional acts of non-parties in addition to defendant’s alleged negligent acts, but the non-party and defendant are not jointly and severally liable.
In Re Adoption of C.B.M. & C.R.M, No. 37S03-1303-AD-159, __ N.E.2d __ (Ind., Aug. 16, 2013).
The adoption of two children was voidable under T.R. 60(B)(7) when the natural mother’s termination of parental rights was reversed on appeal.