The State has the burden of proving the essential elements of an informer’s privilege before the burden shifts to the defendant to prove an exception to that privilege.
L. Rush
Megenity v. Dunn, No. 22S04-1609-CT-465, __ N.E.3d __ (Ind., Feb. 16, 2017).
A sports participant breaches no duty as a matter of law by engaging in “ordinary conduct” for the sport generally.
In re Termination of Bi.B., No. 54S01-1612-JT-630, __ N.E.3d __ (Ind., Feb. 17, 2017).
That Department of Child Services failed to allege that one of the three waiting periods giving parents time to reunify with their children had in fact passed is fatal to their petitions to terminate Father’s parental rights.
Kennedy Tank & Mfg. Co., Inc. v. Emmert Industrial Corp., No. 49S02-1608-CT-431, __N.E.3d__ (Ind., Jan. 3, 2016).
Indiana’s 10-year statute of limitations is not preempted by the federal statute of limitations in the Interstate Commerce Commission Termination Act.
Rogers v. Martin, No. 02S05-1603-CT-114, __N.E.3d__ (Ind., Oct. 26, 2016).
Although landowner had no duty to protect an invitee from an unforeseeable harm, she did have a duty to protect the invitee from the foreseeable exacerbation of the injury occurring in her home. Under Indiana’s Dram Shop Act, a person does not “furnish” alcohol by providing it to someone who already possesses it.