Ott v. State, No. 20A05-1306-CR-270, __ N.E.2d __ (Ind. Ct. App., Oct. 16, 2013).

Statute conferring discretion on court to convert a D felony to an A misdemeanor does not include convictions for offenses committed prior to July 1, 1977, when D felony classification became effective.

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Ferguson v. O’Brien, No. 49A02-1211-CT-917, __ N.E.2d __ (Ind. Ct. App., Oct. 15, 2013).

The drafter of a will owes a fiduciary duty to intended beneficiaries even though he may not have known their names when he drafted the will.

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Estate of Mayer v. Lax, Inc., No. 37A03-1207-PL-323, __ N.E.2d __ (Ind. Ct. App., Oct. 7, 2013).

-Termination of a cause of action against an alleged agent-tortfeasor because of death does not require termination of a cause of action against the agent’s principal.
-Punitive damages should not be imposed against a corporation strictly on the basis of respondeat superior for an employee’s misconduct; there must be evidence of positive or collusive action by the employer.

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In re Dixon, No. 71S00-1104-DI-196, __ N.E.2d __ (Ind., Oct. 8, 2013).

Adopts an objective standard for determining when a statement made by an attorney about a judicial officer violates Indiana Professional Conduct Rule 8.2(a), “A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge . . . .”

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Palmer v. Sales, No. 45A03-1302-SC-3, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2013).

T.R. 76(C)(5) does not apply to change of judge requests in small claims cases; the change of judge request made pursuant to T.R. 76(C)(1) should have been granted.

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