The appellate court did not have jurisdiction over denial of summary judgment motion because it was not a final order and did not resolve all claims as to all parties.
Civil
Mellowitz v. Ball State University, No. 23S‐PL‐60, __ N.E.3d __ (Ind., Nov. 21, 2023).
Shielding post-secondary educational institutions from pandemic‐related class action claims is within the General Assembly’s legislative authority, not an unconstitutional taking, and does not unconstitutionally impair the school’s contract obligations to its students.
Russell v. Russell, No. 23A-DC-578, __ N.E.3d __ (Ind. Ct. App., Nov. 22, 2023).
“Joint physical custody” means equal parenting time; while that might not require a perfectly equal 50% – 50% split of parenting time, granting Father 55.5% of parenting time and Mother 44.5% of parenting time is inconsistent with “joint physical custody.”
Marion Superior Court Probation Dept. v. Trapuzzano, No. 23A-CT-61, __ N.E.3d __ (Ind. Ct. App., Nov. 14, 2023).
The probation department has quasi-judicial immunity from liability.
Tom James Company, et al. v. Zurich American Insurance Company, No. 23A-PL-106, _ N.E.3d. _ (Ind. Ct. App., Nov. 1, 2023).
Insurance company did not waive its personal jurisdiction defense in the answer it filed after removal to federal court and before remand to state court.