Auto purchaser was entitled to “Lemon Law” relief after seller’s fourth unsuccessful repair attempt even though a fifth repair attempt apparently succeeded after the “Lemon Law” was invoked.
E. Brown
Upton v. State, No. 52A02-0812-CR-1112, __ N.E.2d __ (Ind. Ct. App., Apr. 23, 2009)
Application of “credit restricted felon†statute to offense committed before statute’s effective date violated ex post facto prohibition.
Taylor v. State, No. 49A02-0809-CR-795, __ N.E.2d __ (Ind. Ct. App., Apr. 7, 2009)
When the defendant agreed to go to the station for questioning about another matter, he had already received his ticket for driving without his seatbelt, so the subsequent search of his person made for the safety of the officer who would drive him to the station did not violate the Seatbelt Enforcement Act. But because defendant had not agreed to be driven to the station by the police for the questioning, the search of his person was unreasonable under Article 1, section 11 of the Indiana Constitution.
Attaway v. Omega, No. 11A01-0712-CV-608, ___ N.E.2d ___ (Ind. Ct. App., Mar. 13, 2009)
Trial court properly denied motion to dismiss for lack of personal jurisdiction, because defendants-eBay sellers purposefully availed themselves of the privilege of conducting activities within Indiana.
Indianapolis Marion County Public Library v. Charlier Clark & Linnard P.C., No. 06A05-0804-CV-239, ___ N.E.2d ___ (Ind. Ct. App., Feb. 6, 2009)
Because plaintiff’s claims were for economic losses that arose from plaintiff’s complaint that it did not receive the benefit of its bargain, the damages claimed were not recoverable in tort and were best relegated to contract law.