The State is not obligated to defend and indemnify a former state agency employee for civil liability stemming from employee’s criminal conduct.
P. Foley
In re J.M., No. 24A-JC-202, __N.E.3d __ (Ind. Ct. App., Oct. 15, 2024).
Trial court’s decision to modify child custody instead of adjudicating children as CHINS did not deprive parent of a meaningful opportunity to engage in CHINS-related services.
Anderson v. State, No. 23A-CR-02609, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2024).
The grand jury statutory framework does not mandate that the State submit a matter for deliberation as to whether to issue an indictment. The State need not identify or name the target of the grand jury proceeding and identify the crime that the target was alleged to have committed unless the grand jury proceeds to deliberate on whether to issue an indictment.
NFI Interactive Logistics, LLC v. Bruski, No. 24S-CR-217, __ N.E.3d __ (Ind. Ct. App., June 26, 2024).
Trial court properly denied TR 12(B)(6) motion; the complaint encompasses viable claims premised on the failure to warn after potentially contributing to a hazard on the road, and the failure to comply with the statute requiring driver to turn on emergency flashers and place warning devices behind his vehicle.
Mishler v. Union-North United School Corp., No. 23A-MI-1019, __N.E.3d __ (Ind. Ct. App., June 11, 2024).
The Claims Against Public School Act (“CAPSA”) is not a pre-suit notice law parallel to the ITCA. A court is required to dismiss claims that fail to submit proper notice to the public school.