Preferred venue status of a county is determined when an action is commenced by the filing of a complaint; if the county where the complaint was filed is a preferred venue, transfer to another county based on venue is improper even if a third-party is later joined.
Civil
Jacob v. Vigh, No. 19A-CT-2719, __ N.E.3d __ (Ind. Ct. App., April 27, 2020).
A trial court has jurisdiction over a complaint that includes allegations that an attorney violated canons of the Rules of Professional Conduct when the complaint also alleges other claims such as fraud, breach of contract, and breach of fiduciary duty, and legal malpractice.
Walters v. Corder, No. 19A-TR-1069, __ N.E.3d __ (Ind. Ct. App., April 8, 2020).
Children that were adopted out of the family after the settlor’s death retained their status as beneficiaries of the trust.
Robertson v. State, No. 19S-PL-432, __ N.E.3d __ (Ind., March 30, 2020).
For the claims to recover public funds pursuant to Ind. Code § 5-11-5-1(a), the limitations period begins to run only after the Office of the Indiana Attorney General receives a final, verified report from the State Board of Accounts. Claims pursuant to the Crime Victims Relief Act are governed by the discovery rule.
Perkins v. Memorial Hospital of South Bend, No. 20S-CT-233, __ N.E.3d __ (Ind., March 31, 2020).
Testimony compelled by a subpoena or other statutory duty is protected under the public policy exception to at-will employment.