The clear and convincing evidence burden of proof in termination of parental rights cases satisfies the Indiana Constitution’s Due Course of Law Clause.
Civil
Stabosz v. Friedman, No. 22A-PL-541, __ N.E.3d __ (Ind. Ct. App., Nov. 22, 2022).
When a defendant moves to dismiss a case under Indiana’s anti-SLAPP statute, the motion is treated as a motion for summary judgment with the same burden of proof as a motion for summary judgment. The designated evidence must demonstrate as a matter of law that the statements were made in good faith and with a reasonable basis in law and fact.
Lake Cnty. Bd. of Comm’rs v. Lake Cnty. Sheriff, No. 22A-PL-1559, __ N.E.3d __ (Ind. Ct. App., Nov. 16, 2022).
County sheriff has the authority to enter into contracts related to the operation of the jail and the care of its inmates.
Lake Ridge Sch. Corp. v. Holcomb, No. 22A-PL-423, __ N.E.3d __ (Ind. Ct. App., Nov. 9, 2022).
Political subdivisions, such as a school corporation, may not assert takings claims against the State.
Capalla v. Best, No. 22A-CT-657, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2022).
Trial court properly granted judgment on the pleadings; the litigant was judicially estopped from bringing the claims and lacked standing because of a pending bankruptcy,