A self-serving, but competent affidavit that contradicted the State’s designated evidence on a material fact was sufficient to preclude summary judgment.
L. Rush
Ind. Dept. of State Revenue v. Caterpillar, Inc., No. 49S10-1402-TA-79, __ N.E.3d __ (Ind., Aug. 25, 2014).
Company could not deduct foreign-source dividend income when calculating its net operating losses for Indiana tax purposes.
Fischer v. Heymann, No. 49S02-1309-PL-620, __ N.E.3d __ (Ind., July 17, 2014).
Responding to the plaintiff’s demand was not the defendant’s only option to mitigate damages, but the trial court was within its discretion to reduce damages.
Berry v. State, No. 49S04-1406-CR-416, __ N.E.3d __ (Ind., June 27, 2014).
“[W]hen a trial court accepts a plea agreement with an executed time cap, its discretion to impose further punitive conditions of probation does not extend beyond what the plea agreement specifies.”
Andrews v. Mor/Ryde International, Inc., No. 20S04-1406-PL-399, __ N.E.3d __ (Ind., June 19, 2014).
Treble damages under the Sales Representative Act are not subject to the Punitive Damages Act.