The determination of whether an out-of-state attorney is granted temporary admission should be made without restriction by local rule and within the discretion granted by Indiana Admission and Discipline Rule 3(2) – whether good cause exists for the admission of the attorneys.
Supreme
Bd. of Commissioners of the County of Jefferson v. Teton Corp., No. 72S04-1410-CT-642, __N.E.3d __ (Ind., May 13, 2015).
Adopts the “any insurance” approach to the AIA waiver—“that as long as a property owner’s damages are covered by any property insurance policy used to insure construction-related damages (i.e., the work), the waiver applies to all damages”
Stephenson v. State, No. 15S00-1401-LW-40, __ N.E.3d __ (Ind., Apr. 23, 2015).
“We decline to find that the mere existence of an attempted suicide, without more, is relevant evidence of a person’s guilty conscience about committing a charged crime,” but in this case Defendant’s suicide attempt approximately a month after the alleged murder was properly admitted as relevant to his motive for committing the crime.
DePuy Orthopaedics, Inc. v. Brown, No. 49S02-1504-CT-225, __N.E.3d __ (Ind., April 24, 2015).
The trial court reasonably concluded that Indiana was the appropriate forum for litigation brought by out-of-state plaintiffs against an in-state manufacturer.
Bogner v. Bogner, No. 45S04-1501-DR-23, __N.E.3d __ (Ind., April 28, 2015).
The best practices for conducting a summary proceeding, “would include establishing on the record: 1) affirmative agreement from the attorneys that proceedings will be conducted summarily, for those represented by counsel; 2) affirmative agreement by both clients or unrepresented litigants to summary proceedings; 3) opportunity for both parties to add any other relevant information regarding the issues in dispute before the summary proceeding is concluded or to affirm the arguments made by counsel; and 4) an advisement in advance of the hearing that either party is free to object to the form of the proceeding and request a full evidentiary hearing, upon which formal rules of evidence and procedure will be observed.”