Underinsured Motorist Insurance and Subrogation Rights
Underinsured Motorist Insurance and Subrogation Rights
​State Farm Mutual Automobile Insurance Company v. Kern (Ind. Ct. App. Sept. 20, 2012) The Court of Appeals issued an important decision regarding underinsured motorist insurance and subrogation rights.
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Medical Malpractice
Medical Malpractice
This medical malpractice case involves an important issue of law not previously explicitly addressed by Indiana Courts: whether a plaintiff may pursue a claim against a principal based on an apparent agency relationship where the party did not sue the agent and the statute of limitations against the agent has run.
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Applicability of res ipsa loquitur to Medical Malpractice Cases
Applicability of res ipsa loquitur to Medical Malpractice Cases
Smith v. Dermatology Associates of Fort Wayne, P.C.(Ind. Ct. App. Sept. 7, 2012) In this case, the Court of Appeals discussed the applicability of res ipsa loquitur to medical malpractice cases.
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Medical Malpractice and Appellate Procedure
Medical Malpractice and Appellate Procedure
Johnson v. Dr. A (Ind. Ct. App. Aug. 28, 2012) In this medical malpractice case, the Court of Appeals dismissed an appeal on procedural grounds but issued an advisory opinion regarding the discovery of out-of-state non-parties.
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Medical Malpractice and Nurses Serving on Medical Review Panels
Medical Malpractice and Nurses Serving on Medical Review Panels
Curtis v. Miller’s Health Systems (Ind. Ct. App. Aug. 15, 2012) In this medical malpractice case, the Court of Appeals affirmed summary judgment for the defendant healthcare provider and reached an important conclusion regarding a nurse’s ability to offer expert opinion on the standard of care in malpractice suits.
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Commercial Litigation: Contractor v. Homeowners
Commercial Litigation: Contractor v. Homeowners
Thalheimer v. Halum (Ind. Ct. App. Aug. 13, 2012) This case involved a dispute between homeowners and a contractor, whom the homeowners hired to remove carpet and tiles and to install new tiles.
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Prenatal Records & Medical Negligence
Prenatal Records & Medical Negligence
​E.J. v. Okolocha (Ind. Ct. App. Aug. 13, 2012) Parents interested in adopting a child submitted an authorization to a doctor for the child’s mother’s prenatal records.
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Tactical Decisions for Trial Counsel
Tactical Decisions for Trial Counsel
In this case, the Court of Appeals affirmed the conviction of Class A child molesting, rejecting the defendant’s argument that the prosecutor’s closing argument constituted fundamental error and that the victim’s testimony was incredibly dubious and therefore insufficient to sustain his conviction.
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Underinsured Motorist Coverage Provision
Underinsured Motorist Coverage Provision
In this case, the Court of Appeals interpreted an Underinsured Motorist (UIM) coverage provision stating that the policy limits of liability are reduced by “a payment made or amount payable because of bodily injury under any workers’ compensation or disability benefits law or any similar law.”
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Conditions of Probation and Parole
Conditions of Probation and Parole
In this case, the Court of Appeals held that although a statute prohibiting sex offenders from living within 1,000 feet of a school could not apply to sex offenders convicted before the statute was enacted, a trial court’s condition of probation prohibiting a sex offender from living within 1,000 feet of a school was valid.
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Cross Examination of Expert Witness
Cross Examination of Expert Witness
​Swammi, Inc. v. Shambaugh, Beck, Kast, Williams, LLP (Ind. Ct. App. July 13, 2012) In this case, the Court of Appeals affirmed a defense verdict in a legal malpractice action.
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Notice Under the Tort
Notice Under the Tort
​Shoettmer v. Wright (Ind. Ct. App. July 13, 2012) This case addressed the question of whether communicating notice of a claim against a governmental agency to that entity’s insurance company constitutes sufficient notice under Indiana’s tort claims statute.
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Ineffective Assistance of Counsel
Ineffective Assistance of Counsel
​McWhorter v. State (Ind. Ct. App. July 9, 2012) In this case, the defendant was convicted of voluntary manslaughter after being charged with murder.
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Child Support
Child Support
Hirsch v. Oliver (Ind. June 29, 2012) In this case, the Supreme Court clarified some important issues regarding emancipation and a parent’s obligation to pay child support for post-secondary education expenses.
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Due Process
Due Process
This case involves the often-litigated issue of whether one has a constitutionally protected interest in one’s employment.
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Notice of Tort Claims
Notice of Tort Claims
​City of Indianapolis v. Buschman (Ind. Ct. App. June 26, 2012) Plaintiffs who are injured by governmental entities must provide notice to those entities within 180 days of the injury or forfeit the claim.
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Obligation to Pay Child Support
Obligation to Pay Child Support
​Ashabranner v. Wilkins (Ind. Ct. App. June 15, 2012) In this case, the Court of Appeals addressed a situation in which a nineteen-year-old child lived with neither parent, received Section 8 housing assistance, worked, and was in the process of beginning college.
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Protected Person Statute
Protected Person Statute
​A.R.M. v. State (Ind. Ct. App. June 7, 2012) In this case, the Court of Appeals addressed the Protected Person Statute, Indiana Code section 35-37-6-6, which governs, among other things, the admission of child testimony by videotape in sex crime cases.
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Termination of Child Support
Termination of Child Support
​Sexton v. Sexton (Ind. Ct. App. June 8, 2012) This case is the Court of Appeals’ first opportunity to discuss Public Law 111-2012, which will change the presumptive age for termination of child support from twenty-one to nineteen, effective July 1, 2012.
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Governmental Liability
Governmental Liability
​W.D. v. City of Nappanee (Ind. Ct. App. June 6, 2012) This case involves a suit brought by a child and his parents against the City of Nappanee following injuries sustained by the child in a near-drowning in the City pool.
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