A pre-formation oral contract may establish an LLC’s initial membership. Plaintiff was entitled to a jury trial on his unjust enrichment claim under Article 1, Section 20 of the Indiana Constitution.
Appeals
Shakur v. Hendrix, No. 23A-CT-1564, __ N.E.3d __ (Ind. Ct. App., Apr. 18, 2024).
DOC inmate’s Section 1983 claims were limited to damages that accrued within the 24-month window before the suit was filed; DOC conduct was not a single, continuous episode of harm.
Ind. Bureau of Motor Vehicles v. Simmons, No. 23A-PL-899, __ N.E.3d __ (Ind. Ct. App., Apr. 9, 2024).
The trial court erred by holding that the BMV violated ARPA by ceasing to issue identification credentials with non-binary gender designations. “Gender” in Title 9 means “sex”.
Kerwood v. Elkhart Co. Sheriff’s Dept., No. 23A-PL-2229, __ N.E.3d __ (Ind. Ct. App., Apr. 10, 2024).
Ind. Code § 35-38-9-10(f) sets forth mechanisms to enforce expungement provisions; no private right of action exists for failure to properly expunge or seal records after an expungement order is issued.
Individual Members of the Medical Licensing Bd. of Ind.. v. Anonymous Plaintiff 1, No. 22A-PL-2938, __ N.E.3d __ (Ind. Ct. App., Apr. 4, 2024).
Recognizes the doctrine of associational standing and affirms the trial court’s finding that plaintiffs are entitled to a preliminary injunction regarding the abortion law, but remands for a more narrowly tailored injunction.