Under Small Claims Rule 8(c), an LLC using a full-time employee to represent it can allege damages above $1,500 and waive net damages in excess of the jurisdictional limit; setoffs and counterclaims were not subtracted from the jurisdictional limit.
Civil
Wilder v. DeGood Dimensional Concepts, Inc., No. 20A-PL-1100__ N.E.3d __ (Ind. Ct. App, Feb. 16, 2021).
While a trial court can take judicial notice of reasonable attorney’s fees in routine cases involving relatively small amounts, the trial court abused its discretion when it awarded appellate attorney’s fees in a reduced hourly amount with no evidence to support the reduced rate.
Abbott v. State, 19A-PL-1635, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2021).
In a civil forfeiture action, the res may be used for defense related expenses.
Cooper’s Hawk Indianapolis, LLC v. Ray, No. 21S-CT-56, __ N.E.3d __ (Ind., Feb. 9, 2021).
A belated notice of appeal needs to do more than restate the grounds for granting a discretionary appeal; an extraordinary compelling reason to restore the forfeited appeal must be stated.
Hartman v. BigInch Fabricators & Construction Holding Co., Inc., No. 20S-PL-00618, __ N.E.3d __ (Ind., Jan. 28, 2021).
Parties’ freedom to contract may permit “minority” and “marketability” discounts for valuing corporate shares even for shares in a closed-market transaction.