ERISA is a preemption defense that must be raised at the trial court level or it is waived. If a fiduciary relationship is breached those actions can amount to constructive fraud which in turn supports the imposition of a constructive trust.
Martinez v. Smith, et al, No. 26S-CT-112, __ N.E.3d __ (Ind., Apr. 8, 2026).
The common-law duty under the Reece case to refrain from creating hazardous conditions encompasses not just the paved portion of the roadway but also traffic-control devices within the public right-of-way.
Olbera, et al. v. Sykes, No. 25A-JP-2005, __ N.E.3d __ (Ind. Ct. App., Mar. 30, 2026).
Marital presumption as legal parent rebutted by biological father of child as biological father did not relinquish his rights to legal parentage.
Moyers v. State, No. 26S-CR-86, __ N.E.3d __ (Ind., Mar. 20, 2026).
The Powell test applies to multiple convictions for elevated offenses that share a common base offense. Stated another way, a base offense and its elevated forms constitute a single statutory offense.
Rodriguez v. State, No. 25A-CR-1789, __ N.E.3d __ (Ind. Ct. App., Mar. 18, 2026).
Pursuant to Indiana Evidence Rule 103, a defendant preserves a continuing objection to the admission of evidence for appellate review simply by making a timely objection to that evidence during trial, identifying the specific ground for the objection, and receiving the trial court’s definitive ruling on the objection on the record at trial.