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.
Appeals
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.
Med-1 Solutions, LLC v. Taylor, No. 24A-PL-450, __N.E.3d __ (Ind. Ct. App., Nov. 25, 2024).
Where an at-will employee signs a non-competition agreement as a condition of their hiring and is later told to sign a new non-competition agreement or they will be fired, the employee’s continued employment can serve as consideration for the latter agreement
Emslander v. Baine, No. 24A-DC-1138, __ N.E.3d __ (Ind. Ct. App., Nov. 18, 2024).
Technical noncompliance with the parent relocation statute is insufficient to support the grant of a relocation.