The trial court properly excluded a lump sum Social Security Disability Insurance payment from division as part of the marital estate.
Civil
Clark Cnty. Bd. Of Aviation Comm’rs. v. Dreyer, No. 10S01-1308-PL-529, __ N.E.2d __ (Ind., Sept. 12, 2013).
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.
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.