Trial court’s order prohibiting Mother from discussing with the media the knowledge she obtained independent of juvenile proceedings was an invalid prior restraint on Mother’s free speech rights.
Civil
Harrison v. Veolia Water Indianapolis, LLC, No. 49A04-0912-CV-722, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2010)
Water company was not a governmental entity or a political subdivision of the State entitled to the protections of the Indiana Tort Claims Act.
City of Indianapolis v. Duffitt, No. 49A04-0911-CV-661, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2010)
Because Defendant-City’s actions were discretionary functions, Plaintiff’s tort claim was barred under the Indiana Tort Claims Act.
Alves v. Old National Bank, No. 71A03-0909-CV-416, ___ N.E.2d ___ (Ind. Ct. App., July 1, 2010)
Petitioner’s Trial Rule 60(B) motion for relief from judgment was untimely because: (1) he filed it more than one year after the trial court granted summary judgment against him, and (2) his earlier appeal of that judgment did not toll the one-year limit applicable to motions brought under Rule 60(B)(1)-(4).
KB Home Indiana, Inc. v. Rockville TBD Corp., No. 49A02-0909-CV-881, ___ N.E.2d ___ (Ind. Ct. App., June 18, 2010)
Owner’s action in negligence for defendant’s discharge of pollutants onto real property that was once farmland but subsequently became a residential subdivision was not barred by the economic loss doctrine.