By: Arend J. Abel, Attorney
Two and a half years ago, I wrote a blog article wondering whether a decision from the Court of Appeals signaled a change in Indiana’s summary judgment standard. Now we have the answer. In a unanimous decision in Hughley v. State, which Indiana’s Chief Justice Loretta Rush wrote, the Indiana Supreme Court reaffirmed the Indiana summary judgment standard.
by: Arend J. Abel, Attorney
On February 10, the Indiana Court of Appeals issued an opinion that has the potential to remake summary judgment procedure in the Indiana state courts. The opinion, Commissioner of the Indiana Department of Insurance v. Estate of Black, No. 64A05-1104-CT-240, holds that a party moving for summary judgment is not required to negate an element of the opponent’s case, but can simply assert that the opponent does not have enough evidence to create a jury question on one or more elements. That holding appears to conflict with the decision of the Indiana Supreme Court in Jarboe v. Landmark Cmty. Newspapers of Indiana, Inc., 644 N.E.2d 118 (Ind. 1994), and review of the issue by the Indiana Supreme Court on transfer, either in Black or in another case now seems highly likely.