This week we look at the Indiana Supreme Court’s decision in City of Hammond v. Herman & Kittle Properties, Inc. that recognized that unconstitutional provisions in Indiana statutes are presumed severable unless that presumption is rebutted in accordance with Ind. Code § 1–1–1–8.
In this installment, we discuss the application of the Indiana Tort Claims Act to charter schools.
This week we look to a recent Indiana Supreme Court decision, which held that unauthorized-immigration status does not prohibit recovery of damages for diminished earning capacity in tort cases. The court also created a test that requires a finding that the probability that the plaintiff will be deported to be more likely than not in order for evidence of immigration status to be admitted.
This week’s post explores last week’s Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision signals for future cases before the Indiana Supreme Court.