Legal Opinion

Budden v. Board of School Commissioners

Indiana Supreme Court

Decided August 20, 1998No. 49S05-9804-CV-220PublishedCited by 26 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

BOEHM, Justice.

The Indiana Tort Claims Act requires a person suing a “political subdivision” of the State in tort to give written notice describing the claim before filing suit. This interlocutory appeal deals with the scope of the notice required under the Act to preserve claims of a prospective class with unnamed members. The trial court concluded that it was bound by a recent Court of Appeals decision and ruled that this case could not proceed as a class action because the unnamed members were not identified in the notice and had not authorized the three putative…

2Cases cited29 opinions

  1. City of San Jose v. Superior CourtCalifornia Supreme Court · 1974
  2. Mullin v. Municipal City of South BendIndiana Supreme Court · 1994
  3. 423 South Salina Street, Inc. v. City of SyracuseNew York Court of Appeals · 1986
  4. Collins v. BairIndiana Supreme Court · 1969
  5. Elliott v. RoachIndiana Court of Appeals · 1980

24 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Curtis v. StateIndiana Supreme Court · 2011
  2. Anthem Ins. Companies v. Tenet Healthcare Corp.Indiana Supreme Court · 2000
  3. State v. KellerIndiana Court of Appeals · 2006
  4. Transcontinental Insurance Co. v. J.L. Manta, Inc.Indiana Court of Appeals · 1999
  5. Uthman Cavallo, M.D. v. Allied Physicians of Michiana, LLCIndiana Court of Appeals · 2015

21 more not listed; retrieve them via the Exa API.

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