“[W]hile a revocable trust is revocable, the trustee only owes a duty to the settlor.”
L. Rush
F.D. v. Ind. Dept. of Child Services, No. 82S01-1301-CT-19, __ N.E.2d __ (Ind., Nov. 26, 2013).
Department of Child Services is not immune under the Indiana Tort Claims Act or the child abuse reporting statute.
Kesling v. Hubler Nissan, Inc., No. 49S02-1302-CT-89, __ N.E.2d __ (Ind., Oct. 29, 2013).
“An auto dealership’s advertisement of an inexpensive used car as a “Sporty Car at a Great Value Price,” is textbook puffery—not actionable as deception or fraud, because a reasonable buyer could not take it as a warranty about the car’s performance or safety characteristics. But when the dealer has inspected the car and should know it has serious problems, answering a buyer’s question about why it idled roughly by claiming that it “would just need a tune-up” may be actionable as fraud.”
Schwartz v. Heeter, No. 02S03-1301-DR-18, __ N.E.2d __ (Ind., Sept. 26, 2013).
A child support agreement incorporates the version of the Child Support Guidelines in effect for each particular year’s income.
Becker v. State, No. 45S03-1301-CR-9, __ N.E.2d __ (Ind., Aug. 22, 2013).
Under a supreme court 2011 decision, Indiana ex post facto law would have allowed lifetime sex offender registration to apply to Becker, but a 2008 trial court ruling to the contrary was res judicata against the State on the issue, as the local prosecutor’s representation in the 2008 litigation was in privity with the DOC’s intervention in 2011 seeking to impose lifetime registration status based on the 2011 opinion.