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Indiana Case Commentaries

Indiana Adopts Restatement § 26 Safe Harbor: Interpleader of Policy Limits and Continued Defense Satisfies Insurer’s Good-Faith Duty in Multi-Claimant Cases

Indiana Adopts Restatement § 26 Safe Harbor: Interpleader of Policy Limits and Continued Defense Satisfies Insurer’s Good-Faith Duty in Multi-Claimant Cases

Date: Oct 22, 2025
Indiana Adopts Restatement § 26 Safe Harbor: Interpleader of Policy Limits and Continued Defense Satisfies Insurer’s Good-Faith Duty in Multi-Claimant Cases Introduction In Baldwin v. The Standard...
Paternity-by-Estoppel Secures Standing for Grandparent Visitation: O’Connell v. Clay (Ind. 2025)

Paternity-by-Estoppel Secures Standing for Grandparent Visitation: O’Connell v. Clay (Ind. 2025)

Date: Oct 17, 2025
Paternity-by-Estoppel Secures Standing for Grandparent Visitation: O’Connell v. Clay (Ind. 2025) Introduction In O’Connell v. Clay, the Indiana Supreme Court resolved a recurring problem at the...
Curtilage Requires Proof: Indiana Supreme Court Limits As‑Applied Attacks on the One‑Acre Homestead Cap

Curtilage Requires Proof: Indiana Supreme Court Limits As‑Applied Attacks on the One‑Acre Homestead Cap

Date: Oct 10, 2025
Curtilage Requires Proof: Indiana Supreme Court Limits As‑Applied Attacks on the One‑Acre Homestead Cap Introduction In Tulsi Sawlani, M.D., et al. v. Lake County Assessor (Indiana Supreme Court,...
De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law

De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law

Date: Sep 16, 2025
De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law Introduction In Indianapolis Public Transportation...
"Hands-On" Is Not "Hands-In": Indiana Supreme Court Permanently Bars Judge for Problem-Solving Court Boundary Violations and Conflicts — In the Matter of Matthew John Elkin

"Hands-On" Is Not "Hands-In": Indiana Supreme Court Permanently Bars Judge for Problem-Solving Court Boundary Violations and Conflicts — In the Matter of Matthew John Elkin

Date: Sep 12, 2025
"Hands-On" Is Not "Hands-In": Permanent Ban for Boundary Violations, Favoritism, and Conflicts in Problem-Solving Courts Introduction In a per curiam decision, the Supreme Court of Indiana...
In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees

In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees

Date: Aug 1, 2025
In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees Introduction The decision in In the...
“No Advisement, No Waiver” – The Indiana Supreme Court’s Mandatory Advisement Rule in D.W. v. State (2025)

“No Advisement, No Waiver” – The Indiana Supreme Court’s Mandatory Advisement Rule in D.W. v. State (2025)

Date: Jul 24, 2025
“No Advisement, No Waiver” – The Indiana Supreme Court’s Mandatory Advisement Rule in D.W. v. State (2025) Introduction The Indiana Supreme Court’s decision in D.W. v. State, 25S-JV-190 (July 23...
Local Governments May Classify Elected Officials as Part-Time Employees for Health-Insurance Purposes — A Commentary on Perry County, Indiana, et al. v. Keith D. Huck

Local Governments May Classify Elected Officials as Part-Time Employees for Health-Insurance Purposes — A Commentary on Perry County, Indiana, et al. v. Keith D. Huck

Date: Jul 24, 2025
Local Governments May Classify Elected Officials as Part-Time Employees for Health-Insurance Purposes: Commentary on Perry County, Indiana; Board of Commissioners, et al. v. Keith D. Huck, Supreme...
Post-Reprimand Statements and the Duty of Candor: The New Rokita Rule

Post-Reprimand Statements and the Duty of Candor: The New Rokita Rule

Date: Jul 19, 2025
Post-Reprimand Statements and the Duty of Candor: The Indiana Supreme Court’s “Rokita II” Framework for Attorney Discipline Introduction In In the Matter of Theodore Edward Rokita (“Rokita II”), the...
“Finality & Forfeiture”: The Indiana Supreme Court’s Reinforcement of Strict Appellate Deadlines in Juvenile Delinquency Matters – Comment on State of Indiana v. B.H. (2025)

“Finality & Forfeiture”: The Indiana Supreme Court’s Reinforcement of Strict Appellate Deadlines in Juvenile Delinquency Matters – Comment on State of Indiana v. B.H. (2025)

Date: Jul 3, 2025
“Finality & Forfeiture”: The Indiana Supreme Court’s Reinforcement of Strict Appellate Deadlines in Juvenile Delinquency Matters – Comment on State of Indiana v. B.H. (2025) 1. Introduction In State...
Neter-Nu v. Methodist Hospital: Capping Hospital Exposure Beyond Conceded Agents and Resetting Pre-Judgment Interest under Indiana’s Medical Malpractice Act

Neter-Nu v. Methodist Hospital: Capping Hospital Exposure Beyond Conceded Agents and Resetting Pre-Judgment Interest under Indiana’s Medical Malpractice Act

Date: Jun 30, 2025
Neter-Nu v. Methodist Hospital: Capping Hospital Exposure Beyond Conceded Agents and Resetting Pre-Judgment Interest under Indiana’s Medical Malpractice Act Introduction In Zainab Abbas, M.D., et al....
“Dangerousness” and the Outpatient Alternative: Indiana Supreme Court Clarifies that Imminent Discharge Does Not Defeat a Temporary Involuntary Commitment

“Dangerousness” and the Outpatient Alternative: Indiana Supreme Court Clarifies that Imminent Discharge Does Not Defeat a Temporary Involuntary Commitment

Date: Jun 30, 2025
“Dangerousness” and the Outpatient Alternative: Indiana Supreme Court Clarifies that Imminent Discharge Does Not Defeat a Temporary Involuntary Commitment Introduction In In the Matter of the Civil...
“Sole-Cause or No Cause”: The Indiana Supreme Court Re-anchors Frampton Liability in South Bend Community School Corp. v. Grabowski (2025)

“Sole-Cause or No Cause”: The Indiana Supreme Court Re-anchors Frampton Liability in South Bend Community School Corp. v. Grabowski (2025)

Date: Jun 30, 2025
“Sole-Cause or No Cause”: The Indiana Supreme Court Re-anchors Frampton Liability in South Bend Community School Corp. v. Grabowski (2025) 1. Introduction South Bend Community School Corporation...
Indiana Supreme Court Declares “No Private Right of Action for Erroneous BMV Records”

Indiana Supreme Court Declares “No Private Right of Action for Erroneous BMV Records”

Date: Jun 24, 2025
No Private Right of Action for Erroneous BMV Records: Chris A. Kelly v. Indiana Bureau of Motor Vehicles (Ind. 2025) Introduction In Chris A. Kelly v. Indiana Bureau of Motor Vehicles, the Supreme...
“Present-Obligation, Not Past-Residence” – Indiana Supreme Court Refines Cross-State Sex-Offender Registration Rules (Peters v. Quakenbush, 2025)

“Present-Obligation, Not Past-Residence” – Indiana Supreme Court Refines Cross-State Sex-Offender Registration Rules (Peters v. Quakenbush, 2025)

Date: Jun 20, 2025
“Present-Obligation, Not Past-Residence” – Indiana Supreme Court Refines Cross-State Sex-Offender Registration Rules (Gage Peters v. Dennis J. Quakenbush II & Lloyd Arnold, Ind. Sup. Ct. No....
The “Thomas Rule” – Indiana Supreme Court Re-Affirms the Divide Between Pre-Election Challenges and Post-Election Contests

The “Thomas Rule” – Indiana Supreme Court Re-Affirms the Divide Between Pre-Election Challenges and Post-Election Contests

Date: Jun 20, 2025
The “Thomas Rule” – Indiana Supreme Court Re-Affirms the Divide Between Pre-Election Challenges and Post-Election Contests Introduction Ross G. Thomas, chair of the Bartholomew County Democratic...
“The Roadmap Rule” – Independent Judicial Review & Strict Proof in Indiana CHINS Proceedings

“The Roadmap Rule” – Independent Judicial Review & Strict Proof in Indiana CHINS Proceedings

Date: Jun 20, 2025
“The Roadmap Rule” – Independent Judicial Review & Strict Proof in Indiana CHINS Proceedings Introduction In In re E.K. (J.S. v. Indiana Department of Child Services), the Indiana Supreme Court...

        “No Collateral-Adverse-Ruling Bar” – The Indiana Supreme Court’s Clarification of Trial Rule 53.1 in State ex rel. Gary Thoe v. Marion Superior Court 5

“No Collateral-Adverse-Ruling Bar” – The Indiana Supreme Court’s Clarification of Trial Rule 53.1 in State ex rel. Gary Thoe v. Marion Superior Court 5

Date: Jun 20, 2025
“No Collateral-Adverse-Ruling Bar” – The Indiana Supreme Court’s Clarification of Trial Rule 53.1 in State ex rel. Gary Thoe, et al. v. Marion Superior Court 5 Introduction The Indiana Supreme...
New Rule: Construction Liens Limited to Debts Directly Benefiting the Encumbered Property

New Rule: Construction Liens Limited to Debts Directly Benefiting the Encumbered Property

Date: Jun 10, 2025
New Rule: Construction Liens Limited to Debts Directly Benefiting the Encumbered Property Introduction The Indiana Supreme Court’s decision in EdgeRock Development, LLC, et al. v. C.H. Garmong & Son...
Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act

Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act

Date: May 14, 2025
Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act Introduction This commentary examines the Indiana Supreme Court’s decision in...
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