Clay City Consol. Sch. Corp. v. Timberman, No. 11S04-0904-CV-134, ___ N.E.2d ___ (Ind., Nov. 30, 2009)

December 4, 2009 | Volume 36 Issue 34 | Filed Under: Civil | Tagged: ,

Indiana law recognizes a rebuttable presumption that children between the ages of seven and 14 are incapable of contributory negligence.

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Termination of Parent-Child Rel. of M.B., No. 34S02-0904-JV-147, ___ N.E.2d ___ (Ind., Nov. 30, 2009)

December 4, 2009 | Volume 36 Issue 34 | Filed Under: Civil | Tagged: , ,

Conditioning the voluntary termination of parental rights on continuing post-adoption visitation irreconcilably conflicts with Indiana adoption law and is not permitted.

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Baker v. Tremco, Inc., No. 29S02-0902-CV-00065, ___ N.E.2d ___ (Ind., Dec. 3, 2009)

December 4, 2009 | Volume 36 Issue 34 | Filed Under: Civil | Tagged: ,

A constructive discharge claim may rest on involuntary resignation, but only where the cause fits within the grounds recognized by Indiana decisions on retaliatory discharge.

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Koors v. Steffen, No. 57A03-0904-CV-167, __ N.E.2d __ (Ind. Ct. App., Nov. 6, 2009)

November 20, 2009 | Volume 26 Issue 33 | Filed Under: Civil | Tagged: ,

When contract provided for arbitration and also left a chance a lien could arise, the possibility the court would have to engage in foreclosure procedures depending on the arbitration outcome required the court to stay the litigation pending the arbitration, rather than dismissing the suit.

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Miller v. Yedlowski, No. 49A02-0901-CV-78, __ N.E.2d __ (Ind. Ct. App., Nov. 10, 2009)

November 20, 2009 | Volume 36 Issue 33 | Filed Under: Civil | Tagged: ,

Party seeking a second extension of time to respond to summary judgment motion must do so prior to expiration of the period of the first extension.

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