Trial court properly granted TR 21(B)(1) motion for lack of subject-matter jurisdiction when plaintiff’s claim fell under the Worker’s Compensation Act. Plaintiff was an employee of defendant’s sibling corporation and the Act defines “employer” to expressly include “a parent corporation and its subsidiaries,” which “shall each be considered joint employers” of the injured employee.
AMW Investments, Inc. v. Town of Clarksville, No. 24S-PL-183, __N.E.3d __ (Ind., Dec. 4, 2024).
Appealing a monetary discovery sanction also puts the underlying discovery order before the appellate court. Late objections to discovery are presumptively waived, but trial courts may exercise their discretion and excuse any waiver.
M.S. v. State, 24A-JV-715, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2024).
The exception to the dangerous possession of a firearm statute, parental permission to possess, is an affirmative defense and not an element of the offense.
In re K.W., No. 23A-JV-2040, __N.E.3d __ (Ind. Ct. App., Nov. 20, 2024).
A juvenile problem-solving court cannot order jail time or house arrest for the parent of a juvenile delinquent without providing written notice of the allegations or the assistance of counsel.
Wohlt v. Wohlt, No. 24S-DR-385, __N.E.3d __ (Ind., Nov. 21, 2024).
Property settlement agreement had no ambiguity when it used the word “all” to describe division of assets; both forgotten and remembered assets were included in that description so that the property division would be final.