A parent’s implied consent to the adoption may not be based solely on their failure to appear at a single hearing.
Supreme
American Consulting, Inc. v. Hannum Wagle & Cline Engineering, Inc., No. 18S-PL-00437, __ N.E.3d __ (Ind., Dec. 18, 2019).
The liquidated damages provisions in the noncompetition and non-solicitation agreements are unenforceable penalties because the provisions are too broad and capture too much conduct to be construed as a reasonable measure of damages resulting from a breach.
Heraeus Medical, LLC v. Zimmer, Inc., No. 19S-PL-471, __ N.E.3d __ (Ind., Dec. 3, 2019).
Parties to noncompetition agreements cannot use a reformation clause to contract around the blue pencil doctrine, which provides that reviewing courts may delete, but not add, language to revise unreasonable restrictive covenants.
A.M. v. State, No. 19S-JV-603, __ N.E.3d __ (Ind., Nov. 12, 2019).
A court should evaluate a juvenile’s claim of ineffective counsel in a delinquency disposition-modification hearing by using a due process standard; it should consider counsel’s overall performance to determine if the child received a fundamentally fair hearing resulting in a disposition that served his best interests.
Kenworth of Indianapolis, Inc. v. Seventy-Seven Ltd., No. 19S-PL-37, __ N.E.3d __ (Ind., Nov. 12, 2019).
“Under the equitable estoppel doctrine, a party’s conduct—even relating to the repair of goods—may toll a contractually agreed-upon limitations period when that conduct is of a sufficient affirmative character to prevent inquiry, elude investigation, or mislead the other party into inaction.”