Possibly incriminating text messages are not protected by the Fifth Amendment in a civil discovery proceeding because the text messages were voluntarily created prior to the issuance of the discovery requests, and they are non-testimonial in nature.
Civil
Nail v. Smith, No. 21A-CT-563, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2021).
Trial court properly awarded attorney’s fees as a discovery sanction even though the party’s attorney was salaried in-house counsel.
Griffin v. Menard, Inc., No. 21S-CT-119, __ N.E.3d __ (Ind., Oct. 19, 2021).
When a box opened at the bottom and injured store customer, plaintiffs’ designated evidence did not create an issue of material fact to defeat defendant’s motion for summary judgment. Plaintiffs’ res ipsa loquitur claim also failed.
In re K.W. v. Indiana Dep’t of Child Servs., No. 21A-JC-598, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2021).
CHINS fact-finding hearing and dispositional hearings were properly continued for good cause pursuant to Trial Rule 53.5.
In re Termination of Parent-Child Relationship of I.L., No. 21A-JT-418, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2021).
Remote proceedings for a termination of parental rights hearing did not deprive mother of her due process rights.