Under the totality of the circumstances, the extent of law enforcement’s need for a “military-style assault” was low and the degree of intrusion was unreasonably high; the search violated defendant’s right to be secure against an unreasonable search and seizure.
Kennedy Tank & Mfg. Co., Inc. v. Emmert Industrial Corp., No. 49S02-1608-CT-431, __N.E.3d__ (Ind., Jan. 3, 2016).
Indiana’s 10-year statute of limitations is not preempted by the federal statute of limitations in the Interstate Commerce Commission Termination Act.
Neal v. State, No. 20A04-1606-CR-1326, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2016).
The court substantially complied with the requirement of I.C. 35-38-1-7.8(c) by making it clear to the defendant that her status as a credit-restricted felon would impact her ability to earn credit time toward her sentence.
Polet v. ESG Security, Inc., No. 49A02-1510-CT-1631, __N.E.3d__ (Ind. Ct. App., Dec. 27, 2016).
Where foreseeability is an element of duty, the court must determine the question of foreseeability as a matter of law; stage collapse due to high wind is not foreseeable as a matter of law.
Brown v. City of Valparaiso, No. 64A05-1607-PL-1488, __N.E.3d__ (Ind. Ct. App., Dec. 30, 2016).
There is no private cause of action under the Flood Control Act.