Administrative Rule 9 does not require petitioner present evidence of actual or imminent harm from the publication of a gender change petition. To obtain a change to the gender marker on his birth certificate, petitioner must only show the request was made in good faith and not for a fraudulent or unlawful purpose.
Civil
Estabrook v. Mazak Corp., No. 19S-CQ-590, __ N.E.3d __ (Ind., March 2, 2020).
Ind. Code 34-20-3-1(b) is a statute of repose that cannot be extended by a manufacturer’s post-delivery repair, refurbishment or reconstruction of the disputed product.
Burton v. Benner, No. 19S-CT-549, __ N.E.3d __ (Ind., March 3, 2020).
Off-duty police officer driving an unmarked police vehicle was not “clearly outside” the scope of his employment when he got in an accident.
Cavanaugh’s Sports Bar & Eatery, Ltd. v. Porterfield, No. 20S-CT-88, __ N.E.3d __ (Ind., March 3, 2020).
Courts should determine if a landowner has a duty based on whether the defendant knew or had reason to know of any present and specific contemporaneous evidence that would cause a reasonable person to recognize the probability or likelihood of imminent harm.
Wells Fargo Bank, N.A. v. Hallie, No. 19A-MF-2183, __ N.E.3d __ (Ind. Ct. App., March 9, 2020).
Bank can elicit foundational testimony for a business record from a witness even if the witness was not present at the time a document was created, if the witness has a functional understanding of the record keeping process of the business with respect to the specific entry, transaction, or declaration contained in the document