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Case Clips

Published by the Indiana Office of Court Services

Appeals

Tom James Company, et al. v. Zurich American Insurance Company, No. 23A-PL-106, _ N.E.3d. _ (Ind. Ct. App., Nov. 1, 2023).

November 6, 2023 Filed Under: Civil Tagged With: Appeals, J. Bailey

Insurance company did not waive its personal jurisdiction defense in the answer it filed after removal to federal court and before remand to state court.

State v. Lucas, No. 22A-CT-1693, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2023).

November 6, 2023 Filed Under: Civil Tagged With: Appeals, T. Crone

The Indiana Tort Claims Act’s discretionary function immunity provision does not apply to a negligent redesign of a highway claim.

Wilson v. Wilson, No. 23A-DC-1384, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2023).

November 6, 2023 Filed Under: Civil Tagged With: Appeals, R. Altice

Father’s child support was not offset by adult disabled daughter’s monthly Social Security Disability Insurance benefit.

Wohlt v. Wohlt, No. 22A-DR-2685, __ N.E.3d __ (Ind. Ct. App., Oct. 27, 2023).

October 30, 2023 Filed Under: Civil Tagged With: Appeals, P. Riley

In a divorce, a large asset that had been forgotten by both parties at the time of signing the property settlement agreement was not subject to later division by the court because the asset was included under “assets of the business.”

Cassity v. State, No. 23A-CR-209, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2023).

October 30, 2023 Filed Under: Criminal Tagged With: Appeals, R. Pyle

A law enforcement officer initiating a traffic stop must be wearing a distinctive uniform and a badge of authority. A distinctive uniform is the specific design, color, and patches officially adopted by the governmental authority employing the police officer so as to inform the public that the person stopping them is, in fact, a police officer employed by that respective department.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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