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Indiana Court Decisions – April 9-22, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Hussmann: What to do if someone shrugs off mediation?
What is a mediator to do when faced with the dilemma of a key witness who refuses to show up to a court-ordered mediation? I am asking which course lawyers thing the mediator should take — or if there is another under such circumstances.
Fulford and Trimble: Tips for productive virtual mediations
| John Trimble and Wade Fulford
Social distancing has created obstacles for legal counsel for many litigation tasks, especially mediation. Some mediations are being delayed or canceled. However, for many cases, parties and counsel should seriously consider online virtual mediation.
Opinions April 28, 2020
Indiana Court of Appeals
City of Marion v. London Witte Group, LLC, Chad Seybold, Estate of Michael Y. An, Global Investment Consulting, Inc., and World Enterprise Group, Inc.
19A-MI-1762
Miscellaneous. Affirms in part the Grant Superior Court’s grant of summary judgment in London Witte Group LLC’s favor against the city of Marion on claims for negligence and breach of fiduciary duty. Reverses in part the denial of the motion with respect to the constructive fraud/unjust enrichment claim. Finds the discovery rule bars the negligence and breach claims, and none of the discovery rule exceptions apply. Also finds the two-year statute of limitations should govern the fraud/unjust enrichment claim. Remands with instructions to enter summary judgment in LWG’s favor on the city’s claim for constructive fraud/unjust enrichment.
COA partially reverses for financial adviser in Marion development dispute
The Indiana Court of Appeals has partially reversed in favor of a financial adviser in a dispute with the city of Marion after years were wasted on a construction project that was projected to cost millions of dollars.
Judge orders return of seized Land Rover that led to SCOTUS civil forfeiture case
After seven years, two appearances before the Indiana Supreme Court and a trip to the United States Supreme Court, a Marion man fighting for the return of his seized vehicle has won his battle, with a trial court judge ordering the “immediate” return of his SUV. But a pending appeal means the case is not over yet.
COVID-19 death toll in Indiana passes 900
The Indiana State Department of Health on Tuesday said the number of positive cases for COVID-19 in the state has risen to 16,588, following the emergence of 627 more cases. The state said Tuesday that the cumulative death toll in the state rose to 901.
Defendant in judges shooting case seeks jurists’ cellphone, JQC communications
The man charged with shooting two Indiana judges is seeking to bolster his self-defense claim by asking for four judges’ cellphone records and their communications with the Indiana Judicial Qualifications Commission related to the incident for which three judges were briefly suspended after the commission investigated and filed disciplinary charges against them.
Spring 2020 Indiana bar admission ceremony to be held online amid COVID-19
| IL Staff
New lawyers prepared to take their oaths during the Spring 2020 Indiana Supreme Court Admission Ceremony will have to do so virtually, the high court announced Tuesday. The admission ceremony will not be held in a traditional brick-and-mortar location, but will instead be livestreamed at 10 a.m. May 5.
State announces expanded nursing home reporting requirements, new mental health resources
A bevy of new resources and a stricter set of reporting requirements introduced during Monday’s state COVID-19 briefing seek to establish support for Hoosiers, both mentally and physically. And Gov. Eric Holcomb promised that later this week, he’ll provide a plan to start returning Hoosiers to work.