Defendant committed a separate breach of contract for each transaction violating the non-competition clause.
Ball State University v. Irons, No. 45S03-1503-DR-134, __N.E.3d __ (Ind., March 18, 2015).
University should not have been added as a supplemental defendant in a woman’s petition to seek postsecondary expenses for her daughter.
Price v. Charles Brown Charitable Remainder Unitrust Trust, No. 74A01-1409-TR-401, __N.E.3d __ (Ind. Ct. App. , March 18, 2015).
Although under a joint defense agreement privileged information was disclosed, it did not bar one party from suing the other; the “specific claims of privilege will need to be resolved as they are encountered in discovery or at trial.”
Jahangirizadeh v. Pazouki, No. 29A02-1408-DR-530, __N.E.3d __ (Ind. Ct. App. , March 19, 2015).
Although the motion to set aside adequately alleged that the court’s property division was actually influenced by a party’s alleged falsification of assets, it was not enough to establish a possible case for an independent action for fraud or fraud on the court.
Johnson v. State, No. 49A02-1406-CR-437, __ N.E.3d __ (Ind. Ct. App., Mar. 6, 2015).
A trial court need not conduct an indigency hearing at the time probation fees are ordered, but must hold such a hearing before or upon completion of the sentence; probation fees “should reflect the time a defendant actually served on probation.”