In February 2024, the Indiana Supreme Court decided four civil cases, while the Indiana Court of Appeals issued 20 published civil opinions.

The court revisited its 2023 opinion in Land v. IU Credit Union, which adopted Section 69 of the Restatement (Second) of Contracts and held a party’s silence or inaction can constitute an acceptance in three exceptional circumstances, none of which were present. On rehearing, the court considered IUCU’s argument that it failed to address certain legal authorities allegedly supporting IUCU’s argument that Land “assented to arbitration by failing to opt out” and continuing to use her accounts. The court noted IUCU’s authorities were limited to “unilateral contracts,” and didn’t apply to “bilateral contracts.” Because IUCU repeatedly emphasized the bilateral nature of its agreements previously, the court found these authorities didn’t apply here, but left open the possibility of adopting “a different standard governing the offer and acceptance of unilateral contracts between businesses and consumers” in the future. Land v. IU Credit Union, 226 N.E.3d 194, 198 (Ind. 2024) (opinion on rehearing).

Click here to read the full article (starting on p. 35) written by Jenny Buchheit and first published in Res Gestae, an Indiana State Bar Association publication.