Elected county officials are not per se full-time employees such that counties must provide them with health insurance coverage.
Andrew Nemeth Properties, LLC v. Panzica, No. 23A-PL-1383, __ N.E.3d __ (Ind. Ct. App., Apr. 17, 2024).
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.