Trial court’s injunction was improper because the plaintiff did not prove they are likely to win their public-nuisance claim alleging defendant’s proposed land use violates the city’s unified development ordinance.
G. Slaughter
Calvary Temple Church of Evansville, Inc. v. Kirsch, No. 24S-CT-378, __ N.E.3d __ (Ind., Feb. 11, 2025).
For church premises liability, “premises” includes the whole parcel of land, and the church has limited premises liability so long as the parcel is “owned, operated, or controlled by the nonprofit religious organization and used primarily for worship services.”
Gierek v. Anonymous 1, No. 23S-CT-277, __ N.E.3d __ (Ind., Jan. 9, 2025).
Class certification by the trial court is a proper preliminary determination under the Medical Malpractice Act (MMA). The MMA covers all claims for medical “malpractice” and is not limited to claims involving only bodily injury or death.
In re Expungement of R.L., No. 24S-XP-185, __N.E.3d __ (Ind., Dec. 3, 2024).
The anti-discrimination provision in the expungement act does not displace the statutory requirement when relief must be sought through the Administrative Orders and Procedures Act.
AMW Investments, Inc. v. Town of Clarksville, No. 24S-PL-183, __N.E.3d __ (Ind., Dec. 4, 2024).
Appealing a monetary discovery sanction also puts the underlying discovery order before the appellate court. Late objections to discovery are presumptively waived, but trial courts may exercise their discretion and excuse any waiver.