Trial court properly granted TR 21(B)(1) motion for lack of subject-matter jurisdiction when plaintiff’s claim fell under the Worker’s Compensation Act. Plaintiff was an employee of defendant’s sibling corporation and the Act defines “employer” to expressly include “a parent corporation and its subsidiaries,” which “shall each be considered joint employers” of the injured employee.
Civil
AMW Investments, Inc. v. Town of Clarksville, No. 24S-PL-183, __N.E.3d __ (Ind., Dec. 4, 2024).
Appealing a monetary discovery sanction also puts the underlying discovery order before the appellate court. Late objections to discovery are presumptively waived, but trial courts may exercise their discretion and excuse any waiver.
Wohlt v. Wohlt, No. 24S-DR-385, __N.E.3d __ (Ind., Nov. 21, 2024).
Property settlement agreement had no ambiguity when it used the word “all” to describe division of assets; both forgotten and remembered assets were included in that description so that the property division would be final.
Med-1 Solutions, LLC v. Taylor, No. 24A-PL-450, __N.E.3d __ (Ind. Ct. App., Nov. 25, 2024).
Where an at-will employee signs a non-competition agreement as a condition of their hiring and is later told to sign a new non-competition agreement or they will be fired, the employee’s continued employment can serve as consideration for the latter agreement
Emslander v. Baine, No. 24A-DC-1138, __ N.E.3d __ (Ind. Ct. App., Nov. 18, 2024).
Technical noncompliance with the parent relocation statute is insufficient to support the grant of a relocation.