ERISA is a preemption defense that must be raised at the trial court level or it is waived. If a fiduciary relationship is breached those actions can amount to constructive fraud which in turn supports the imposition of a constructive trust.
Supreme
Martinez v. Smith, et al, No. 26S-CT-112, __ N.E.3d __ (Ind., Apr. 8, 2026).
The common-law duty under the Reece case to refrain from creating hazardous conditions encompasses not just the paved portion of the roadway but also traffic-control devices within the public right-of-way.
Moyers v. State, No. 26S-CR-86, __ N.E.3d __ (Ind., Mar. 20, 2026).
The Powell test applies to multiple convictions for elevated offenses that share a common base offense. Stated another way, a base offense and its elevated forms constitute a single statutory offense.
Indiana Compensation Rating Bureau and Indiana Department of Insurance v. Technology Insurance Company, No. 26S-PL-83, __ N.E.3d __ (Ind., Mar. 17, 2026).
Whether the Company is entitled to relief rests on two questions: first, whether the Company had to follow the dispute-resolution provisions set out in the Assigned Risk Plan and agreements, limiting the Company’s relief in the trial court to judicial review under the Administrative Orders and Procedures Act; second, assuming the Company is limited to seeking recourse under AOPA, whether the Company properly sought judicial review.
Norris v. Norris, No. 25S-DR-226, __ N.E.3d __ (Ind., Mar. 12, 2026).
After the Court of Appeals issued its published opinion that partially reversed the trial court’s judgment, Jennifer timely sought rehearing. While that request was pending, the trial court, on its own, issued a revised order to implement the Court of Appeals’ instructions. But the trial court lacked authority to issue that order because the appellate opinion was not yet certified. We thus take this opportunity to emphasize the importance of following Appellate Rule 65(E), which prohibits trial courts, administrative agencies, and parties from taking action based on published opinions or memorandum decisions (collectively “opinions”) before they are certified.