Trial court properly dismissed plaintiff’s claims because she failed to apprise the court of her new address, but the court should have set aside the default judgment on defendant’s counterclaim when the method of service on plaintiff was “nothing more than a mere gesture” because the defendant knew that the address for plaintiff was incorrect.
Civil
Clark County REMC v. Reis, No. 21S-CT-343, __ N.E.3d __ (Ind., Dec. 29, 2021).
Board policy, which established reimbursement benefits for former directors, was not an offer because it did not convey with reasonable certainty promises manifesting an intention or invitation to contract with another; no contract existed.
Family Dental Care, P.C. v. Mousa, No. 21A-PL-670, __ N.E.3d __ (Ind., Dec. 29, 2021).
Liquidated damages and attorney fees under the Wage Payment Statute were not available to plaintiff because she did not file a wage payment claim with the Department of Labor, even though the claim exceeded the $6,000 threshold.
Lowe v. N. Ind. Commuter Transp. Dist., No. 21S-CT-295, __ N.E.3d __ (Ind., Dec. 16, 2021).
Northern District Commuter Transportation District is apolitical subdivision for purposes of the Indiana Tort Claims Act so was subject to its 180-day notice requirement
In re Power of Attorney of DeHart, No. 21A-GM-1043, __ N.E.3d __ (Ind. Ct. App., Dec. 17, 2021).
When a request for accounting under a power of attorney is made, the person holding the power of attorney has the burden to prove the accounting is not in the power of attorney’s best interests.