The trial court erred by holding that the BMV violated ARPA by ceasing to issue identification credentials with non-binary gender designations. “Gender” in Title 9 means “sex”.
Civil
Kerwood v. Elkhart Co. Sheriff’s Dept., No. 23A-PL-2229, __ N.E.3d __ (Ind. Ct. App., Apr. 10, 2024).
Ind. Code § 35-38-9-10(f) sets forth mechanisms to enforce expungement provisions; no private right of action exists for failure to properly expunge or seal records after an expungement order is issued.
Safeco Ins. Co. v. Blue Sky Innovation Group, Inc., No. 23S-CT-272, __ N.E.3d __ (Ind. Ct. App., Apr. 2, 2024).
Trial court properly dismissed a third-party spoliation claim when there was no special relationship between the parties to create a duty to preserve the evidence.
Individual Members of the Medical Licensing Bd. of Ind.. v. Anonymous Plaintiff 1, No. 22A-PL-2938, __ N.E.3d __ (Ind. Ct. App., Apr. 4, 2024).
Recognizes the doctrine of associational standing and affirms the trial court’s finding that plaintiffs are entitled to a preliminary injunction regarding the abortion law, but remands for a more narrowly tailored injunction.
Cooley v. Cooley, No. 23S-DN-245, __ N.E.3d __ (Ind., March 20, 2024).
Trial courts have broad statutory authority to order a security or other guarantee, when necessary, to secure the division of property in a dissolution of marriage; the trial court properly required husband to obtain and subsidize a life insurance policy on his retirement benefits.