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  • Commentaries
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Indiana Case Commentaries

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...
Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences

Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences

Date: May 6, 2025
Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences Introduction In J.F. v. St. Vincent Hospital and Health Care Center, Inc. (Indiana Supreme Court, May...
Kelly v. State: Amendments to Successive Post-Conviction Petitions & Juvenile Sentencing Standards

Kelly v. State: Amendments to Successive Post-Conviction Petitions & Juvenile Sentencing Standards

Date: May 1, 2025
Kelly v. State: Amendments to Successive Post-Conviction Petitions & Juvenile Sentencing Standards Introduction McKinley Kelly v. State of Indiana is a 2025 Indiana Supreme Court decision that...
Per Se Justification of a Property Owner’s Right to Exclude in Tortious Interference Claims

Per Se Justification of a Property Owner’s Right to Exclude in Tortious Interference Claims

Date: Apr 25, 2025
Per Se Justification of a Property Owner’s Right to Exclude in Tortious Interference Claims Introduction In In the Matter of the Certified Question: Diamond Quality, Inc. v. Dana Light Axle Products,...
Crossland v. Indiana: Refining Standards for Impartial Juries, Venue Transfers, Peremptory Challenges, and Defense Rights

Crossland v. Indiana: Refining Standards for Impartial Juries, Venue Transfers, Peremptory Challenges, and Defense Rights

Date: Apr 24, 2025
Crossland v. Indiana: Refining Standards for Impartial Juries, Venue Transfers, Peremptory Challenges, and Defense Rights Introduction In Chelsea L. Crossland v. State of Indiana (Ind. 2025), the...
Defining “Intra-Agency Deliberative Material” Under Indiana’s APRA

Defining “Intra-Agency Deliberative Material” Under Indiana’s APRA

Date: Apr 24, 2025
Defining “Intra-Agency Deliberative Material” Under Indiana’s APRA 1. Introduction Family & Social Services Administration v. Robert E. Saint (No. 25S-MI-101, decided April 23, 2025) is a landmark...
Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier

Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier

Date: Apr 23, 2025
Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier Introduction In Kiera Isgrig v. Trustees of Indiana University (Ind. 2025), the Indiana Supreme Court for the first time...
Clarifying the Eggshell Skull Doctrine in Homicide: Establishing Its Role in Causation, Not Mens Rea

Clarifying the Eggshell Skull Doctrine in Homicide: Establishing Its Role in Causation, Not Mens Rea

Date: Mar 15, 2025
Clarifying the Eggshell Skull Doctrine in Homicide: Establishing Its Role in Causation, Not Mens Rea Introduction In the case of Zachariah David Konkle v. State of Indiana, the Indiana Supreme Court...
New Precedent: Recognizing Parental Criminal Conduct as an Adverse Interest in Juvenile Waivers

New Precedent: Recognizing Parental Criminal Conduct as an Adverse Interest in Juvenile Waivers

Date: Mar 15, 2025
New Precedent: Recognizing Parental Criminal Conduct as an Adverse Interest in Juvenile Waivers Introduction The case of J.Q.R., Appellant v. State of Indiana, Appellee, decided on March 12, 2025, by...
“Hindsight as a Justificatory Lens”: A New Precedent on Self‐Defense under Indiana Law

“Hindsight as a Justificatory Lens”: A New Precedent on Self‐Defense under Indiana Law

Date: Mar 15, 2025
“Hindsight as a Justificatory Lens”: A New Precedent on Self‐Defense under Indiana Law Introduction The case of Antonio Turner v. State of Indiana introduces a groundbreaking twist to Indiana’s...
Judicial Accountability and Integrity: Enforcing Sanctions for Sexual Harassment

Judicial Accountability and Integrity: Enforcing Sanctions for Sexual Harassment

Date: Mar 2, 2025
Judicial Accountability and Integrity: Enforcing Sanctions for Sexual Harassment Introduction This commentary examines the Supreme Court of Indiana’s decision in the disciplinary case involving the...
New Precedent Affirming Indiana Courts’ Subject-Matter Jurisdiction over Multistate Trust Disputes

New Precedent Affirming Indiana Courts’ Subject-Matter Jurisdiction over Multistate Trust Disputes

Date: Mar 1, 2025
New Precedent Affirming Indiana Courts’ Subject-Matter Jurisdiction over Multistate Trust Disputes Introduction The recent Supreme Court of Indiana Judgment in Emily Tingley v. First Financial Bank,...
Prospective-Only Application and the Jurisdictional Gap in Juvenile-to-Adult Waiver Cases

Prospective-Only Application and the Jurisdictional Gap in Juvenile-to-Adult Waiver Cases

Date: Mar 1, 2025
Prospective-Only Application and the Jurisdictional Gap in Juvenile-to-Adult Waiver Cases Introduction The Judgment in Johnny Webster Brown v. State of Indiana addresses a critical legal lacuna that...
Recalibrating Nuisance Claims: Exhaustion, Zoning, and the UDO’s Integration of State and Federal Law

Recalibrating Nuisance Claims: Exhaustion, Zoning, and the UDO’s Integration of State and Federal Law

Date: Feb 22, 2025
Recalibrating Nuisance Claims: Exhaustion, Zoning, and the UDO’s Integration of State and Federal Law Introduction The case of Willow Haven on 106th Street, LLC v. Hari Nagireddy and Saranya...
New Precedent in Attorney Misconduct: Disbarment for Exploitation of Vulnerable Clients

New Precedent in Attorney Misconduct: Disbarment for Exploitation of Vulnerable Clients

Date: Feb 20, 2025
New Precedent in Attorney Misconduct: Disbarment for Exploitation of Vulnerable Clients Introduction The Judgment in the matter of Nathan Pearson, Respondent, delivered by the Supreme Court of...
Expansive Interpretation of Church Premises under Indiana’s Limited Liability Statute

Expansive Interpretation of Church Premises under Indiana’s Limited Liability Statute

Date: Feb 12, 2025
Expansive Interpretation of Church Premises under Indiana’s Limited Liability Statute Introduction In the case of Calvary Temple Church of Evansville, Inc. v. Gerard A. Kirsch, the Supreme Court of...
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