The trial court properly ordered the forfeiture of defendant’s car because the 2018 amendments to Indiana’s civil-forfeiture scheme were procedural in nature and do not constitute an ex post facto law; defendant failed to establish that the seizure of the car was in any way improper.
American Consulting, Inc. v. Hannum Wagle & Cline Engineering, Inc., No. 18S-PL-00437, __ N.E.3d __ (Ind., Dec. 18, 2019).
The liquidated damages provisions in the noncompetition and non-solicitation agreements are unenforceable penalties because the provisions are too broad and capture too much conduct to be construed as a reasonable measure of damages resulting from a breach.
Henderson v. Henderson, No. 19A-DC-1517, __ N.E.3d __ (Ind. Ct. App., Dec. 18, 2019).
Husband’s contractual interest as the contract purchaser in certain real estate was properly included in the marital estate even thought it is is titled in a third-party.
In re Termination of Parent-Child Relationship, S.K., No. 19A-JT-1797, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2019).
The Indian Child Welfare Act did not apply to child because the child did not belong to a federally recognized tribe.
Lutheran Health Network of Indiana, LLC v. Bauer, No. 19A-MI-654, __ N.E.3d __ (Ind. Ct. App., Dec. 30, 2019).
Trial court had jurisdiction to award fees and costs in an ancillary proceeding to assist in discovery for a lawsuit in another state.