Bank could not add an arbitration addendum to terms and conditions of the bank account because the phrase, “any term of this agreement” only allowed modification existing terms, not adding a new term.
Supreme
US Automatic Sprinkler Corp. v. Erie Ins. Exchange, No. 22S-CT-264, __ N.E.3d __ (Ind., March 6, 2023).
The absence of contractual privity between the contractor and other commercial tenants precludes them from recovery because the contractor’s allegedly negligent work posed a risk to only property and the commercial tenants suffered only property damage.
Town of Linden v. Birge, No. 22S-PL-352, __ N.E.3d __ (Ind., March 7, 2023).
Flooding issues on caused by Town’s drainage plan are properly analyzed as a per se permanent taking and that case is remanded for the trial court to decide (1) whether the flooding here amounted to a substantial permanent physical invasion of the Property (including that portion lying within the drainage easement), and (2) for a final determination of damages.
Leshore v. State, No. 23S-CR-51, __ N.E.3d __ (Ind., Feb. 28, 2023).
When confronted with a petition under Post-Conviction Rule 2, seeking dispensation from otherwise firm deadlines and their decisive consequences, judges must ask, “was it [Petitioner’s] fault?” And if not, “did [Petitioner] act quickly enough thereafter?” Trial courts should take these questions up in sequence, though a negative answer to either one can be enough to bar relief.
Means v. State, No. 23S-CR-26, __ N.E.3d __ (Ind., Feb. 1, 2023).
After the Court of Appeals accepts a discretionary interlocutory appeal, it may later dismiss the appeal on non-jurisdictional grounds, although its general reluctance to do so is appropriate. In addition, orders in limine are eligible for discretionary interlocutory review.