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Tuesday, December 05, 2006

Ind. Decisions - Supreme Court issues two opinions turning on trial rules

In LinkAmerica Corporation v. William Albert and Connie J. Cox, an 11-page, 5-0 opinion, Justice Boehm writes:

We hold that the 2003 amendment to Indiana Trial Rule 4.4(A) eliminated the need for a two-step process to evaluate personal jurisdiction over a party. We also hold that actions of a subsidiary corporation do not ordinarily establish personal jurisdiction over its parent and find that principle controlling in this case.
In American Family Insurance Company, a/s/o Alice Griepenstroh v. Ford Motor Company , a 9-page, 5-0 opinion, Justice Boehm writes:
We hold that the term “principal office” as used in subsections (4) and (10) of Trial Rule 75(A) refers to a domestic or foreign corporation’s registered office in Indiana. We also hold that subsection (10) of Trial Rule 75(A) establishes preferred venue under two circumstances: (1) when none of the preceding nine subsections are applicable or (2) when “all the defendants are nonresident individuals or nonresident organizations without a principal office in the state.”

Posted by Marcia Oddi on December 5, 2006 10:56 AM
Posted to Ind. Sup.Ct. Decisions