Although Mortgage Company’s mortgage foreclosure claim against Homeowners was equitable, Homeowners’ counterclaims based on consumer protection statutes were legal in nature; thus, Homeowners are entitled to a jury trial on their legal claims.
J. Baker
KB Home Indiana, Inc. v. Rockville TBD Corp., No. 49A02-0909-CV-881, ___ N.E.2d ___ (Ind. Ct. App., June 18, 2010)
Owner’s action in negligence for defendant’s discharge of pollutants onto real property that was once farmland but subsequently became a residential subdivision was not barred by the economic loss doctrine.
Weigand Construction Co. v. Stephens Fabrication, Inc., No. 18A02-0910-CV-953, ___ N.E.2d ___ (Ind. Ct. App., June 25, 2010)
While plaintiff’s claim survived its subsequent voluntary bankruptcy proceedings, plaintiff did not timely make its claim pursuant to the terms of the parties’ contract.
White-Rodgers v. Kindle, No. 55A05-0906-CV-00308, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)
Discovery of materials produced by non-testifying experts in a settled case was available only under “exceptional circumstances” as provided in Trial Rule 26(B)(4)(b).
A.S. v. State, No. 10A04-0911-JV-630, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)
Deliquency waiver of counsel was invalid when court made no inquiry about waiver, gave no advice about dangers of self-representation, and made no record of meaningful consultation about the waiver.