A pre-formation oral contract may establish an LLC’s initial membership. Plaintiff was entitled to a jury trial on his unjust enrichment claim under Article 1, Section 20 of the Indiana Constitution.
Shakur v. Hendrix, No. 23A-CT-1564, __ N.E.3d __ (Ind. Ct. App., Apr. 18, 2024).
DOC inmate’s Section 1983 claims were limited to damages that accrued within the 24-month window before the suit was filed; DOC conduct was not a single, continuous episode of harm.
Ind. Bureau of Motor Vehicles v. Simmons, No. 23A-PL-899, __ N.E.3d __ (Ind. Ct. App., Apr. 9, 2024).
The trial court erred by holding that the BMV violated ARPA by ceasing to issue identification credentials with non-binary gender designations. “Gender” in Title 9 means “sex”.
Kerwood v. Elkhart Co. Sheriff’s Dept., No. 23A-PL-2229, __ N.E.3d __ (Ind. Ct. App., Apr. 10, 2024).
Ind. Code § 35-38-9-10(f) sets forth mechanisms to enforce expungement provisions; no private right of action exists for failure to properly expunge or seal records after an expungement order is issued.
Dunn v. State, No. 24S-CR-123, __N.E.3d __ (Ind., Apr. 10, 2024).
Courts should take great caution in using the phrase “and/or,” especially in jury instructions, because it is ambiguous and potentially imprecise. Where wording permits two contradictory interpretations, one correct and one erroneous, the jury may be misled as to the law.