For purposes of the Magnuson-Moss Warranty Act, in claims alleging breach of implied warranty, a buyer need only show to the satisfaction of the factfinder that the seller had “a reasonable opportunity to cure” its failure to comply with its warranty obligations. The buyer can meet this burden of proof by showing that he explicitly asked the seller to cure (i.e., repair, replace, or refund) or that he notified the seller of the purported defect and the seller proposed no remedy in response.
C. Goff
Diamond Quality, Inc. v. Dana Light Axle Products, LLC, No. 24S-CQ-265, __N.E.3d __ (Ind., Apr. 24, 2025).
Absent a contractual or statutory duty, a property owner is always justified in excluding another from the owner’s premises.
Nardi v. King, No. 25S-PL-64, __ N.E.3d __ (Ind., March 18, 2025).
The trial court did not abuse its discretion in finding plaintiff “substantially” prevailed in his APRA suit by obtaining a wrongfully withheld public record, even though he received only a portion of all requested records. A plaintiff who has substantially prevailed can recover attorney’s fees for time spent on unsuccessful claims if it is indivisible from the time spent on the successful claim.
Turner v. State, No. 24S-CR-147, __ N.E.3d __ (Ind., March 12, 2025).
Defendant is not deprived of the benefit of hindsight when it reveals their conduct was necessary in self-defense, even though that necessity wasn’t fully apparent in the moment
Konkle v. State, No. 24S-CR-207, __ N.E.3d __ (Ind., March 12, 2025).
The eggshell doctrine can be used in criminal cases, including murder. The eggshell skull doctrine is one of causation, and causation is a required element in proving a criminal conviction, it only makes sense that the doctrine be applied for such purposes.