Permanent Link Archived: https://perma.cc/M536-K3R In this post, we delve into a nuanced issue of Indiana appellate procedure that will likely not draw interest to too many readers. Still, it is an important point to take away from a recent decision by the Indiana Court of Appeals and merits some attention. For our discussion, we look to the opinion on rehearing…
Permanent Link Archived: https://perma.cc/TVZ2-XH5S ***UPDATE*** The Indiana Supreme Court has granted transfer in this case, thereby vacating the decision discussed below. On transfer, the Indiana Supreme Court concluded: We hold that David’s claim for survivor damages did not abate upon his death and was not dependent on the existence of an heir. Therefore, summary judgment on this claim was inappropriate.…
Permanent Link Archived: https://perma.cc/3AX8-8QDM Although the Court of Appeals was largely quiet this week—even a quiet week still has sixteen decisions—last week produced several important rulings that merit discussion. The three most notable were each civil tort cases. Although this post will only focus on Certa v. Steak ‘n Shake Operations Inc., we will briefly discuss two other cases from…