Under Indiana’s “going-and-coming” rule, an employee driving to and from work is generally not acting within the scope of his employment, in which case the employer is not vicariously liable for the employee’s negligence under principles of respondeat superior. An exception to this rule arises if the employee is performing work assigned by the employer or is subject to the employer’s control.
G. Slaughter
Indiana Dept. of Educ. v. Mt. Zion’s Loving Day Care Ministry, et. al., No. 26S-PL-134, __ N.E.3d __ (Ind. Oct. 26, 2026).
The Department of Education’s blanket policy of rejecting correction proposals by CACFP participants once a deficiency recurs, despite its authority to exercise such discretion under federal law, was arbitrary and capricious.
Adkins v. State, No. 26S-PC-171, __ N.E.3d __ (Ind., May 28, 2026).
Pursuant to the Uniform Declaratory Judgment Act, Indiana Code chapter 34-14-1, et seq., not all declaratory judgments are final, appealable orders under Indiana Appellate Rule 2(H)(5), but are reviewable as any other orders, judgments, or decrees.
Ortiz v. State, No. 25S-CR-303, __ N.E.3d __ (Ind., May 19, 2026).
A defendant’s “eligibility” for a belated appeal rests not on whether his petition alleges a meritorious claim, but on whether the claim would overcome an appeal waiver if timely brought on direct appeal.
Harper v. S&H Leasing, et al, No. 25S-PL-111, __ N.E.3d __ (Ind., Apr. 9, 2026).
The Crime Victim’s Relief Act allows trial courts to award treble damages to victims of certain criminal offenses in a civil claim against the wrongdoer. To prevail under the CVRA, a plaintiff must prove the defendant committed all elements of the criminal offense.