In a bench trial, a party arguing for a mitigation-of-damages jury instruction “need only point to some evidence in the record that when viewed most favorably [to the party] would suffice for a reasonable juror to decide the issue in the party’s favor.”
Blackford v. Welborn Clinic, No. 21S-CT-85, __ N.E.3d __ (Ind., Aug. 31, 2021).
The Indiana Business Trust Act’s limitation period is a statute of repose and fraudulent concealment may not extend the time in which to file a claim.
State v. Barnett, No. 20A-CR-2144, __ N.E.3d __ (Ind. Ct. App., Aug. 25, 2021).
The trial court did not abuse its discretion by giving preclusive effect to the Marion County Probate Court’s 2012 age-change order and the March 7, 2017, order reaffirming same, thus preventing the State from relitigating the alleged victim’s age; and the trial court did not err in dismissing multiple counts against the defendants because the charges were filed outside of the five-year statute of limitations period.
In re Change of Name and Gender of H.S., No. 21A-MI-884, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2021).
When a parent seeks a change of gender marker for a child, it must be accompanied by a best interests analysis and include more than conclusory testimony.
Denman v. St. Vincent Medical Group, Inc., No. 20A-PL-1236, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2021).
The Supreme Court’s emergency orders, issued because of COVID, did not toll the accrual of post-judgment interest.