Ramirez v. State, No. 65A01-0911-CR-543, __ N.E.2d__ (Ind. Ct. App., May 28, 2010)

U.S. Supreme Court’s Melendez-Diaz holding does not require a change from prior Court of Appeals opinions that Dept. of Toxicology breathalyzer test certificate is not “testimonial” and hence is admissible without testimony from the tester.

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Buchanan v. Vowell, No. 49A02-0909-CV-873, ___ N.E.2d ___ (Ind. Ct. App., May 12, 2010)

Where drunk driver injured plaintiff-pedestrian while driver was speaking on her cell phone with defendant (who was following driver in another car), trial court erred in dismissing plaintiff’s complaint alleging that defendant gratuitously undertook a duty to protect plaintiff from the driver and that defendant was acting in concert with the driver.

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Rieth-Riley Construction Co. v. Gibson, No. 64A04-0908-CV-445, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)

“Discovery rule” for tolling statute of limitations does not apply when plaintiff knew of injury but did not discover identity of tortfeasor until limitations period had run.

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Payday Today, Inc. v. Hamilton, No. 71A03-0805-CV-255, ___ N.E.2d ___ (Ind. Ct. App., July 20, 2009)

Dunning letter sent to debtor violated § 24-4.5-7-410(d), which prohibits contracting for or collecting attorney’s fees on small loans.

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Payday Today, Inc. v. Defreeuw, No. 71A05-0804-CV-253, ___ N.E.2d ___ (Ind. Ct. App., Apr. 9, 2009)

Because payday loan company did not unambiguously include interest in its agreement with the borrower, it cannot recover interest from that borrower.

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