A construction lien secures only the debt for improvements directly benefiting the lien-attached property. Contractors can foreclose the liens on each property to recover only those amounts, not amounts for work to improve a different owner’s property.
Supreme
Thomas v. Valpo Motors, Inc., No. 24S-PL-286, __ N.E.3d __ (Ind., May 13, 2025).
For purposes of the Magnuson-Moss Warranty Act, in claims alleging breach of implied warranty, a buyer need only show to the satisfaction of the factfinder that the seller had “a reasonable opportunity to cure” its failure to comply with its warranty obligations. The buyer can meet this burden of proof by showing that he explicitly asked the seller to cure (i.e., repair, replace, or refund) or that he notified the seller of the purported defect and the seller proposed no remedy in response.
Kelly v. State, No. 25S-PC-108, __ N.E.3d __ (Ind., Apr. 30, 2025).
While the Indiana Rules of Post-Conviction Remedies require appellate screening before filing a successive petition for post-conviction relief, those rules do not require appellate screening before amending a successive petition.
Isrig v. Trustees of Ind. Univ., No. 24S-CT-158, __N.E.3d __ (Ind., Apr. 22, 2025).
The doctrine of res ipsa loquitur may be applied to premises liability cases involving fixtures where an invitee is injured on a landowner’s premises.
Fam. & Soc. Servs. Admin. v. Saint, No. 25S-MI-101, __N.E.3d __ (Ind., Apr. 23, 2025).
For purposes of the Access to Public Records Act, material must originate from and be communicated by employees of the same agency to qualify as “intra-agency.”