The Interstate Commerce Commission Termination Act preempts Indiana’s blocked-railroad crossing statute.
Rainbow Realty Group, Inc. v. Carter, No. 49A02-1707-CC-1473, __ N.E.3d __ (Ind. Ct. App., Sept. 27, 2018).
Rent-to-buy agreement is not a lease subject to the Landlord-Tenant Act.
C.S. v. State, No. 18A-JV-862, __ N.E.3d __ (Ind. Ct. App., Sept. 19, 2018).
Ind. Code § 31-37-18-1.3 requires that a delinquent child be given notice of and an opportunity to be heard during a dispositional or modification hearing; however, the child is not required to be physically present and participation via video conferencing is enough.
R.R. v. State, No. 18S-JV-230, __ N.E.3d __ (Ind., Sept. 13, 2018).
A juvenile has a right to be present at a fact-finding hearing under Ind. Code 31-32-5-1, unless waived by counsel; waived by parent, guardian, custodian, or guardian ad litem; or waived by the child.
Gates v. O’Connor, No. 18A-CT-58, __ N.E.3d __ (Ind. Ct. App., Sept. 13, 2018).
Because the designated evidence negates the proximate cause element of the legal malpractice claim, the trial court properly granted summary judgment.