Cutter v. Classic Fire & Marine Ins. Co. (Ind. Ct. App., Crone, J.) – (1) Because employees’ claim against employer was completely distinct from employer’s claim against his insurance company, a distribution from the insurance company’s liquidation estate to the employer’s assignee did not implicate the prohibition against double recovery; (2) because a suit for the dissolution of an insurance company has been regarded as an equitable action, the suit was not triable to a jury.
Chapo v. Jefferson County Plan Com'n, No. 39A01-0908-CV-408, ___ N.E.2d ___ (Ind. Ct. App., May 5, 2010)
(1) Trial court did not abuse its discretion in denying defendants’ motion for “travel, postage, and copying” costs under Trial Rule 41(E) (failure to prosecute); (2) because defendants were forced to defend against a frivolous and groundless claim, however, trial court did abuse its discretion in denying defendants’ motion for attorney’s fees pursuant to Ind. Code § 34-52-1-1(b).
Bond v. State, No. 71A03-0910-CR-457, __ N.E.2d __ (Ind. Ct. App., Apr. 21, 2010)
Defendant failed to show that selection of his jury from Judicial Center list violated Sixth Amendment’s “fair cross section” requirement.
L.W. v. State, No. 49A02-0909-JV-841, __ N.E.2d __ (Ind. Ct. App., Apr. 22, 2010)
Telephone tip describing a burglar from informant who identified himself when he called the police did not, in combination with all the other circumstances of the case, give the police the reasonable suspicion required for an investigatory stop.
Murray v. City of Lawrenceburg, No. 15S04-0907-CV-310, ___ N.E.2d ___ (Ind., Apr. 20, 2010)
Inverse condemnation is the sole remedy for a governmental act that purports to exercise all rights of ownership over a parcel of land; the six year statute of limitations for trespass applies to such a claim.