Search Results

Indiana Supreme Court
Perdue Farms, Inc. v. L&B Transport, LLC, et.al.
24S-PL-40
Civil plenary.  Affirm the Daviess Circuit Court’s order dismissing Perdue Farms ’s claims against U.S. Security for improper venue. Enforces the forum-selection clause over the plaintiff’s objection, though that means some of its claims will be heard in Maryland, and others (against non-contracting defendants) will be heard in Indiana. Reject the plaintiff’s strategic pleading to avoid the forum-selection clause by suing the contracting defendant’s Indiana-based employees individually. Reverses the trial court’s order dismissing U.S. Security’s three employees. Declines to apply the forum-selection clause to the plaintiff’s claims against the individual employees. These employees (unlike their employer) are not parties to the forum-selection clause, and they are not in privity with their employer. Remands for further proceedings consistent with the court’s opinion. Chief Justice Loretta Rush concurs with separate opinion.

Indiana Tax Court
Majestic Properties, LLC v. Tippecanoe County Assessor
22T-TA-13
Tax. Reverses the Indiana Board of Tax Review’s decision that two uses of a single-family residence – as a residential rental property and as an owner-occupied home – are equivalent for purposes of assessment after relying on appraisals offered by the Tippecanoe County Assessor that valued a Majestic Properties, LLC home for its use as an owner-occupied residence to uphold the assessment. Finds the board’s additional concern that a more narrow conception of use risks valuing the property to the specific user (e.g., Majestic) is mitigated by the appropriate identification of the class of similar users to which the owner belongs under the regulatory standard. Also finds the failure to apply the regulatory standard may have led the board to conceive the current use of the subject property too broadly.  Remands the case to the board  for further proceedings consistent with this opinion.

Indiana Court of Appeals
Scott A. Blattert, Jr. v. State of Indiana
23A-CR-1571
Criminal. Affirms Scott Blattert’s convictions in Lawrence Superior Court for Level 3 felony aggravated battery, two counts of Level 5 felony domestic battery, Level 6 felony strangulation, Level 6 felony domestic battery, and Class A misdemeanor domestic battery. Finds the jury acted within its discretion when it concluded that Blattert’s actions underlying count 5 and count 6 were unreasonable. Also finds the state presented sufficient evidence to support Blattert’s conviction for Level 3 felony aggravated battery.