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.
G. Slaughter
Perdue Farms, Inc. v. L&B Transport, LLC, No. 24S-PL-40, __N.E.3d __ (Ind., Aug. 13, 2024).
Forum selection clause cannot be enforced against non-contracting employees for claims against them arising from the contract.
Dolsen v. VeoRide, Inc., No. 24S-PL-75, __ N.E.3d __ (Ind., July 2, 2024).
To determine premises-liability for first-responding firefighters, first the Court should determine whether the plaintiff seeks to recover for the negligence that caused the emergency. If so, the first-responder’s rule bars the plaintiff’s claim. If not, then the Court should treat the firefighter as a licensee.
Grimes v. State, No. 24S-CR-217, __ N.E.3d __ (Ind., June 26, 2024).
When a trial court postpones a criminal trial due to congestion and the defendant objects, a reviewing court applies a burden-shifting test. The test first gives deference to the trial court’s initial finding of congestion. But if the defendant presents a prima facie case that the court’s congestion finding is inaccurate, the burden shifts to the trial court to explain why its calendar required continuing the trial. If the court fails to meet its burden, the defendant is entitled to have the State’s claim against him dismissed or discharged.
Foster v. First Merchants Bank, N.A., No. 24S-PL-75, __ N.E.3d __ (Ind., June 27, 2024).
Even though plaintiff had not taken any action in a case for over a decade, because the defendant moved for dismissal under T.R. 41(E) after the plaintiff had resumed prosecution, the trial court improperly dismissed the case.