Indiana Court Of Appeals: Statute Does Not Require Prompt Review of Rates Charged By Regional Sewage District

In a matter of first impression, the Indiana Court of Appeals held that the Indiana Utility Regulatory Commission (IURC) did not lose its jurisdiction by failing to promptly review, at the request of campground owners, the rates and fees charged by a regional sewage district.  In LaGrange County Regional Utility District v. Bubb, the IURC reviewed the dispute and, almost a year after receiving notice of the fee challenge, found that an excessive fee had been charged and…

Indiana Supreme Court: Summary Judgment Affirmed On Proximate Cause Grounds

In Kovach v. Caligor Midwest, the Indiana Supreme Court unanimously affirmed a summary judgment in favor of manufacturer and distributor defendants in a product liability case on a rarely applied basis:  a failure of proof on proximate cause. The plaintiffs in Kovach alleged that the medicine cup used to give a fatal overdose of pain medication to their son was defectively designed, and that the manufacturers and distributors of the cup had failed to warn that the cup…

Indiana Supreme Court: Court Addresses Family Law Issues

The Indiana Supreme Court issued three opinions last week. In Rovai v. Rovai, the Court addressed a recurring situation in which a trial court awards one divorcing spouse the marital residence, but requires that spouse to pay the other a share of its value at some later date.  In this case, the trial court reduced such a decree to a judgment, specifying that the judgment was to be paid without interest. The issue on appeal in Rovai was…