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Indiana Court of Appeals
Poultry & Industrial Suppliers, Inc. v. Incubacol, S.A.S.
23A-CT-2446
Civil tort. Affirms Kosciusko Circuit Court Judge Michael Reed’s denial of Poultry & Industrial Suppliers’ motion for judgment on the pleadings on the strict-liability and negligence counts, but remands for further proceedings on the warranty count. Finds because Florida law applies to the strict-liability and negligence counts, the trial court did not err in denying Poultry Suppliers’ motion for judgment on the pleadings on the strict- liability and negligence counts, which was based on Indiana law. Also finds it’s unclear whether Poultry & Industrial Suppliers was an exclusive distributor for CTB and how CTB’s warranty got passed to Incubacol. Attorneys for appellant: Christopher King, William Ramsey. Attorney for appellee: Douglas Eaton.

Indiana Supreme Court
Indiana Office of Utility Consumer Counselor; Duke Industrial Group; Nucor Steel–Indiana; Citizens Action Coalition of Indiana, Inc. v. Duke Energy Indiana, LLC; Indiana Utility Regulatory Commission
23S-EX-162
Administrative. Affirms the Indiana Utility Regulatory Commission’s approval of Duke Energy Indiana LLC’s Transmission, Distribution, and Storage Improvement Charge plan and its proposed improvements and its finding that the plan was reasonable Finds that the commission’s order made the required determination that the TDSIC plan’s individual projects are cost-justified. Also finds these determinations are supported by the record, and they track what the statute requires of the commission to approve a TDSIC plan. Justice Derek Molter concurs with a separate opinion in which Chief Justice Loretta Rush joins. Justice Christopher Goff concurs with a separate opinion. Attorneys for appellants: Todd Richardson, Joseph Rompala, Tabitha Balzer, Aaron Schmoll, Jennifer Washburn, William Fine, Anne Becker. Attorneys for appellees: Andrew Wells, Elizabeth Heneghan, Peter Rusthoven, Nicholas Kile, Lauren Box, Kian Hudson, Attorney General Todd Rokita, Benjamin Jones, Beth Heline, Jeremy Comeau, Bradford Hines.

Indiana Court of Appeals
Robert Carl Christopher v. State of Indiana
24A-CR-1044
Criminal. Affirms Bartholomew Circuit Court Judge Kelly Benjamin’s sentencing order of Robert Christopher to nine years executed in the Department of Correction and one year suspended to probation for felony armed robbery. Finds that the trial court’s allocution procedure was erroneous, but Christopher did not object and has failed to show fundamental error. Also finds Christopher has not met his heavy burden of establishing fundamental error because the matters elicited during cross-examination and further discussed on re-direct examination were part of the pre-sentence investigation report, a report upon which the court relied during sentencing. Attorney for appellant: Benjamin Loheide. Attorneys for appellees: Attorney General Todd Rokita,  Assistant Section Chief for Criminal Appeals Kelly Loy.