(1) The six-year statute of limtitations on “[a]ctions on accounts and contracts not in writing,” governs credit card accounts; (2) because a credit card is akin to an open account, the statute of limitations begins to run from the date the account is due; (3) whether “the date the account is due” is the date of debtor’s last payment or the next due date, the credit card company in this case filed its lawsuit more than six years after both of those dates; (4) whether a credit card company can invoke an optional acceleration clause to delay the statute of limitations, the credit card company in this case did not properly invoke such a clause, because it did not take any affirmative action to notify the debtor of its intent to do so.
Civil
In re N.E., No. 49S02-0906-JV-270, ___ N.E.2d ___ (Ind. Jan. 6, 2010)
Juvenile court is not required to determine whether a child is a CHINS as to each parent, only whether the statutory CHINS elements have been established.
Allied Property & Cas. Ins. Co. v. Good, No. 85A04-0902-CV-89, ___ N.E.2d ___ (Ind. Ct. App., Dec. 31, 2009)
If a trial court finds that an attorney or party caused a mistrial by egregiously violating an order in limine, the trial court has the inherent power to sanction him or her.
Clay City Consol. Sch. Corp. v. Timberman, No. 11S04-0904-CV-134, ___ N.E.2d ___ (Ind., Nov. 30, 2009)
Indiana law recognizes a rebuttable presumption that children between the ages of seven and 14 are incapable of contributory negligence.
Termination of Parent-Child Rel. of M.B., No. 34S02-0904-JV-147, ___ N.E.2d ___ (Ind., Nov. 30, 2009)
Conditioning the voluntary termination of parental rights on continuing post-adoption visitation irreconcilably conflicts with Indiana adoption law and is not permitted.