Amended smoking ban ordinance violates the equal privileges and immunities clause of the Indiana Constitution, voiding the amendment that exempted the riverboat casino.
L. Rush
In re S.D., No. 49S05-1309-JC-585, __ N.E.2d __ (Ind., Feb. 12, 2014)
Trial court improperly found that a child with special needs is a child in need of services.
Fulp v. Gilliland, No. 41S01-1306-TR-426, __ N.E.2d __ (Ind., Nov. 22, 2013).
“[W]hile a revocable trust is revocable, the trustee only owes a duty to the settlor.”
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.”