A constructive discharge claim may rest on involuntary resignation, but only where the cause fits within the grounds recognized by Indiana decisions on retaliatory discharge.
Civil
Koors v. Steffen, No. 57A03-0904-CV-167, __ N.E.2d __ (Ind. Ct. App., Nov. 6, 2009)
When contract provided for arbitration and also left a chance a lien could arise, the possibility the court would have to engage in foreclosure procedures depending on the arbitration outcome required the court to stay the litigation pending the arbitration, rather than dismissing the suit.
Miller v. Yedlowski, No. 49A02-0901-CV-78, __ N.E.2d __ (Ind. Ct. App., Nov. 10, 2009)
Party seeking a second extension of time to respond to summary judgment motion must do so prior to expiration of the period of the first extension.
Inlow v. Inlow, No. 29S02-0902-CV-89, __ N.E.2d __ (Ind., Nov. 18, 2009)
When settlement resolves a wrongful death action, a court should direct payment from the pre-trial wrongful death settlement that part of the medical, hospital, funeral, and burial expenses that corresponds to the ratio of the total of such expenses to the estimated total damages sustained.
Brown-Day v. Allstate Ins. Co., No. 49A02-0903-CV-277, ___ N.E.2d ___ (Ind. Ct. App. Oct. 29, 2009)
Insurance Company was the sole defendant, and neither Evidence Rule 411 nor the common law permits the substitution of a non-party to conceal its identity as an insurer.