The absence of contractual privity between the contractor and other commercial tenants precludes them from recovery because the contractor’s allegedly negligent work posed a risk to only property and the commercial tenants suffered only property damage.
L. Rush
In re Civil Commitment of B.N., No. 22S-MH-408, __ N.E.3d __ (Ind., Dec. 16, 2022).
When a party objects to a hearing being held remotely, good cause for proceeding remotely over the objection requires particularized and specific factual support. Mere mention of “the COVID-19 pandemic” was insufficient.
Nat’l Collegiate Athletic Assoc. v. Finnerty, No. 21S-CT-409, __ N.E.3d __ (Ind., July 19, 2022).
A trial court’s order on a repetitive motion or a motion to reconsider is an “other interlocutory order” under App. Rule 14(B).
The Court also creates a legal framework for determining whether good cause exists to limit or prohibit the deposition of a high-ranking official.
Miller v. State, No. 22S-CR-59, __ N.E.3d __ (Ind., June 29, 2022).
A party invites an error if it was part of a deliberate, well-informed trial strategy, which means there must be evidence of counsel’s strategic maneuvering at trial to establish invited error. As to juror challenges, an anticipated refusal does not excuse compliance with the exhaustion rule; a party must still try to use a peremptory challenge even if he believes it will be unsuccessful.
Holcomb v. Bray, No. 21S-PL-518, __ N.E.3d __ (Ind., June 3, 2022).
The Governor is not procedurally barred from seeking declaratory relief on the constitutionality of HEA-1123; the Court holds HEA-1123 is unconstitutional.