The Uniform Commercial Code did not apply to a suit between a business enterprise and the marketing firm that created and hosted its website; thus the firm may collect for its work under principles of common law contract.
Civil
Gary Community School Corp. v. Powell, No. 45S03-0809-CV-482, ___ N.E.2d ___ (Ind., May 19, 2009)
An employee filling multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee’s total service is sufficient to qualify, even if service in either position alone does not qualify.
Travelers Indemn. Co. v. Jarrells, No. 29A02-0807-CV-669, ___ N.E.2d ___ (Ind. Ct. App., May 21, 2009)
Travelers Indem. Co. v. Jarrells (Ind. Ct. App., Darden, J.) – Although (or because) trial court instructed the jury that, in determining its verdict, it must consider evidence of worker’s compensation payments, employer’s insurance carrier is entitled to reimbursement from the judgment for the worker’s compensation it paid on the injured employee’s behalf.
Metro Health Professionals, Inc. v. Chrysler, LLC, No. 06A04-0809-CV-547, __ N.E.2d ___ (Ind. Ct. App., May 4, 2009)
Auto purchaser was entitled to “Lemon Law” relief after seller’s fourth unsuccessful repair attempt even though a fifth repair attempt apparently succeeded after the “Lemon Law” was invoked.
Dreaded, Inc. v. St. Paul Guardian Insurance Co., No. 49S02-0805-CV-244 , __N.E.2d__ (Ind., Apr. 28, 2009)
When insured failed for three years to give notice of environmental action against it to insurer, the insurer’s duty to defend never arose during the three years and the insurer need not show any prejudice from the delayed notification.