On Petition to Transfer from the Indiana Court of Appeals, No. 39A05-1602-CT-296. Massa , Justice . More than forty years ago, our Court of Appeals decided Tindall v. Enderle , 162 Ind.App. 524, 320 N.E.2d 764 (1974), and today we reaffirm its holding. When an employer admits that an employee was acting within the course and scope of his or her employment, the employer may only be held liable under the doctrine of respondeat superior, and thus the plaintiff is precluded from also...
On Petition to Transfer from the Indiana Court of Appeals, No. 18A02-1605-PL-1086 Per Curiam . Michael Pilkington filed a complaint against his stepmother, Karen Pilkington, alleging she violated her duties as the trustee of a trust created by Michael's deceased father. The trust contained the father's interest in multiple limited liability companies ("LLCs"). Karen contends Michael has no interest in the trust because he filed for Chapter 7 bankruptcy and, at the trustee's request, sold...
On Petition to Transfer from the Indiana Court of Appeals, No. 54A01-1506-CT-602 Rush , Chief Justice . Indiana's tort trials should be about making injured parties whole — not about federal immigration policies and laws. Today we address two important issues of first impression: May an unauthorized immigrant sue for decreased earning capacity damages in a tort action And if so, is that plaintiff's unauthorized immigration status admissible at trial We first hold that the Indiana...
On Petition to Transfer from the Indiana Court of Appeals, No. 54A01-1603-JT-607 Rush , Chief Justice . Few liberties are as central to our society as the right of parents to raise their children. Our General Assembly has thus set a high bar for terminating parental rights — requiring a termination petition to allege four defined elements and commanding dismissal when DCS fails to prove each element by clear and convincing evidence. The first required element establishes three waiting...
On Petition to Transfer from the Indiana Court of Appeals, No. 22A04-1506-CT-722 Rush , Chief Justice . Our decision in Pfenning v. Lineman , 947 N.E.2d 392 (Ind. 2011), established a limited new rule: Indiana courts do not referee disputes arising from ordinary sports activity. Instead, as a matter of law, when a sports participant injures someone while engaging in conduct ordinary in the sport — and without intent or recklessness — the participant does not breach a duty. Id. at 404....
On Petition to Transfer from the Indiana Court of Appeals, No. 02A03-1512-JC-2207 Slaughter , Justice . We have previously held that a tardy notice of appeal forfeits the aggrieved party's right to appeal, but does not deprive a reviewing court of jurisdiction to hear the appeal. Today, we hold that a premature notice of appeal likewise is not fatal to appellate jurisdiction. The two prerequisites for invoking appellate jurisdiction were both present here — an appealable trial-court order...
