A juror’s deceptive and false answers on a juror questionnaire which prevents the defense from investigating whether said juror is impartial entitles a defendant to a new trial.
Blair v. EMC Mortgage, LLC., No. 19S-MF-530, __ N.E.3d __ (Ind., Feb. 17, 2020).
“Indiana’s two applicable statutes of limitations recognize three events triggering the accrual of a cause of action for payment upon a promissory note containing an optional acceleration clause. First, a lender can sue for a missed payment within six years of a borrower’s default. Second, a lender can exercise its option to accelerate and fast-forward to the note’s maturity date, rendering the full balance immediately due. The lender must then bring a cause of action within six years of that acceleration date. Or, third, a lender can opt not to accelerate and sue for the entire amount owed within six years of the note’s date of maturity.”
Collins Asset Group, LLC v. Alialy, No. 19S-CC-531, __ N.E.3d __ (Ind., Feb. 17, 2020).
Lender could recover equally under Ind. Code § 26-1-3.1-118 and Ind. Code § 34-11-2-9 because it filed suit within six years of acceleration.
Shield Global Partners-GI, LLC v. Forster, No. 19A-CC-1100, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2020).
Indiana recognizes damages for inherent diminished value of personal property.
In re M.S., No. 19S-JC-50, __ N.E.3d __ (Ind., Feb. 20, 2020).
In a CHINS case, unlike the sixty-day deadline imposed by Ind. Code § 31-34-11-1(a) that may be waived by consent of the parties, the 120-day deadline contemplated by Ind. Code 31-34-11-1(b) may be enlarged only if a party shows good cause for a continuance.