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Case Clips

Published by the Indiana Office of Court Services

Civil

In re Eq.W., No. 18S-JC-603, __ N.E.3d __ (Ind., June 27, 2019).

July 1, 2019 Filed Under: Civil Tagged With: G. Slaughter, S. David, Supreme

The claim preclusion branch of res judicata applies to CHINS proceedings; if the State wishes to refile after a CHINS petition is dismissed, it must show that the new CHINS petition contains allegations of material fact that could not have been included in the dismissed action.

Morrison v. Vasquez, No. 19S-CT-382, __ N.E.3d __ (Ind., June 27, 2019).

July 1, 2019 Filed Under: Civil Tagged With: G. Slaughter, S. David

A domestic organization’s actual principal office and not the location of its registered agent is the appropriate preferred venue.

Horner v. Curry, No. 18S-PL-333, __ N.E.3d __ (Ind., June 27, 2019).

July 1, 2019 Filed Under: Civil Tagged With: G. Slaughter, L. Rush, M. Massa, Supreme

It is constitutional that the legislature has directed that funds collected under the Indiana’s Civil Forfeiture Statute reimburse law enforcement costs before the transfer of proceeds from seized property to the Common School Fund.

Estate of Benefiel v. Wright Hardware Co., Inc., No. 18A-CT-2527, __ N.E.3d __ (Ind. Ct. App., June 27, 2019).

July 1, 2019 Filed Under: Civil Tagged With: Appeals, P. Riley

Trial court abused its discretion in permitting an expert witness to read verbatim into evidence an opinion set forth in an email to the expert witness because it merely served as an improper vehicle to present the otherwise inadmissible hearsay evidence.

Brewer v. PACCAR, Inc., No. 18S-CT-451, __ N.E.3d __ (Ind., June 17, 2019).

June 24, 2019 Filed Under: Civil Tagged With: L. Rush, Supreme

Component-part manufacturers have no duty under the IPLA to install safety features when it is foreseeable that the final manufacturer will put the component to different uses depending on how it integrates the component into the final product.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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