Continuity of ownership is necessary for the de-facto-merger and mere-continuation exceptions to apply to the buyer acquiring the seller’s assets, but not its liabilities.
Supreme
Branscomb v. Wal-mart Stores East, L.P., No. 20S-CQ-515, __ N.E.3d __ (Ind., April 7, 2021).
Store manager cannot be held liable for negligence when he is not directly involved in the accident at issue.
Harris v. State, 20S-CR-546, __ N.E.3d __ (Ind., Mar. 24, 2021).
Although Indiana Rule of Evidence 615(c) is the proper vehicle to permit a parent-witness to remain in the courtroom despite a separation-of witnesses order, the exception is not automatic; child defendants must still affirmatively show their parent’s presence is “essential.”
Williams v. State, 21S-CR-113, __ N.E.3d __ (Ind., March 16, 2021).
To constitute a valid waiver of the right to appeal a sentence, the plea agreement, guilty plea and sentencing hearing colloquy, and sentencing order must be clear and consistent as to whether a defendant waives only the right to appeal the conviction or the right to appeal the conviction and sentence.
Poore v. Indianapolis Public Schools No. 21S-CT-105, __ N.E.3d __ (Ind., March 18, 2021).
School system met its duty to provide student with classes necessary to graduate with a Core 40 Academic Honors Diploma.