The damages awarded in a wrongful death action may include the reasonable attorney fees necessary to pursue the action, and these damages inure to the exclusive benefit of the estate for the payment of such costs.
Civil
Myers v. Leedy, No. 85S02-0808-CV-478, ___ N.E.2d ___ (Ind. Oct. 15, 2009)
If, at the time of filing suit for forfeiture, a land contract vendor knows, or upon reasonable diligence should have known, that a tenant is in possession of the property, the tenant’s leasehold interest survives the forfeiture action unless the tenant is made a party to the forfeiture litigation.
League of Women Voters of Indiana, Inc. v. Rokita, No. 49A02-0901-CV-40, ___ N.E.2d ___ (Ind. Ct. App., Sept. 17, 2009)
Indiana’s Voter I.D. law violates the equal privileges and immunities clause of the Indiana Constitution.
In re Adoption of A.S., D.S., C.S., & J.S., No. 49A02-0901-CV-60, ___ N.E.2d ___ (Ind. Ct. App., Sept. 8, 2009)
Where parents executed consents for one person to adopt their children, then (without withdrawing the first consents) executed subsequent consents for two other people to adopt their children, neither Indiana’s adoption statutes nor public policy prohibits the subsequent consents.
Baker v. Taylor, No. 18A04-0812-CV-746, ___ N.E.2d ___ (Ind. Ct. App., Sept. 8, 2009)
Where an account is established by an attorney-in-fact using entirely the funds of a principal, the attorney-in-fact is named joint owner or POD beneficiary, and the principal has no direct involvement in, or even awareness of, the creation of the account, the survivor cannot be presumed the owner of the accounts.