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Opinions April 11, 2013

April 11, 2013
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Indiana Supreme Court
Utility Center, Inc. d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, Indiana
90S04-1208-PL-450
Civil plenary. Reverses the judgment of the trial court granting the city’s motion to strike a jury request by Aqua Indiana and remands this cause for further proceedings. Concludes that “rehear the matter of the assessment de novo” within the meaning of Indiana Code 32-24-2-11(a) contemplates a new hearing with trial and judgment as in all other civil actions. And where a party so requests, a trial by jury.

Indiana Court of Appeals
State Farm Fire & Casualty Company v. Joseph Martin Radcliff and Coastal Property Management LLC, a/k/a CPM Construction of Indiana
29A04-1111-CT-571
Civil tort. Affirms jury verdict of $14.5 million in favor of Radcliff and his company on their defamation counterclaim against State Farm. Concludes that State Farm is not entitled to judgment on the counterclaim on the defenses of the public interest privilege for crime reporting and statutory immunity, and Radcliff failed to prove actual malice by clear and convincing evidence. Upholds the jury verdict that Radcliff proved actual malice by clear and convincing evidence and holds that State Farm is not entitled to a new trial on damages.

Jon J. Reid v. State of Indiana (NFP)
20A04-1207-PC-362
Post conviction. Affirms denial of petition for post-conviction relief.  

The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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