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Case Clips

Published by the Indiana Office of Court Services

Supreme

LaPorte Comm. School Corp. v. Rosales, No. 46S04-1105-CT-284, ___ N.E.2d ___ (Ind., March 20, 2012).

March 22, 2012 Filed Under: Civil Tagged With: B. Dickson, F. Sullivan, Supreme

The language of one of the final jury instructions could have reasonably been interpreted and applied by the jury in a way that substantially misstated the plaintiff’s burden of proof to establish defendant’s negligence.

Witt v. Jay Petroleum, Inc., No. 38S02-1110-CV-608, ___ N.E.2d ___ (Ind., March 21, 2012).

March 22, 2012 Filed Under: Civil Tagged With: B. Dickson, R. Rucker, Supreme

The trial court correctly held the parties and attorney in contempt, determined the sanction, and imposed it jointly and severally.

Marion Co. Auditor v. Sawmill Creek, LLC, No. 49S02-1106-CV-364, ___ N.E.2d ___ (Ind., March 21, 2012).

March 22, 2012 Filed Under: Civil Tagged With: B. Dickson, R. Rucker, Supreme

Auditor’s effort to notify property owner of the tax sale was constitutionally proficient in meeting the requirements of due process.

Hunt Construction Group, Inc. v. Garrett, No. 49S02-1106-CT-36, ___ N.E.2d ___ (Ind., March 22, 2012).

March 22, 2012 Filed Under: Civil Tagged With: B. Dickson, F. Sullivan, Supreme

A construction manager may not be held liable to a worker for negligence because the construction manager did not have a legal duty by its contracts or by its actions.

Perdue v. Gargano, No. 49S02-1107-PL-437, ___ N.E.2d ___ (Ind., March 22, 2012).

March 22, 2012 Filed Under: Civil Tagged With: F. Sullivan, Supreme

FSSA’s denial notices are insufficiently explanatory, but the FSSA may deny an application for Food Stamp benefits when the applicant fails to cooperate in the eligibility determination process. Additionally, the FSSA is required to make reasonable accommodations sufficient to accommodate the disabled, but is not required to adopt any specific form of accommodation such as a caseworker or case management services.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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