Shielding post-secondary educational institutions from pandemic‐related class action claims is within the General Assembly’s legislative authority, not an unconstitutional taking, and does not unconstitutionally impair the school’s contract obligations to its students.
Supreme
State v. $2,435 in United States Currency and Alucious Q. Kizer, No. 23S-CR-72, __ N.E.3d __ (Ind., Oct. 31, 2023).
A claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury.
Land v. IU Credit Union, No. 23S-CP-115, __ N.E.3d __ (Ind., Oct. 24, 2023).
The bank provided its customer with reasonable notice of its offer to amend its bank account terms, but the customer’s silence and inaction did not amount to acceptance of the amended terms.
Williams v. State, No. 23S-CR-283, __ N.E.3d __ (Ind., Oct. 19, 2023).
Absent a knowing and voluntary waiver, Ind. Code § 35-38-1-4(a) requires that a defendant must be personally present at the time sentence is pronounced.
Crowe v. Savvy IN, LLC, No. 23S-TP-00090, __ N.E.3d __ (Ind., Oct. 11, 2023).
Tax sale notices sent by certified mail to homeowners satisfied due process and Indiana law; the question is not whether the homeowners actually received the notice, but whether the notices were sent “as one desirous of actually informing” the homeowners.