Worker's Compensation Law: Amerisafe Risk Services, Inc. v. Estate of Wadsack
Amerisafe Risk Services, Inc. v. Estate of Wadsack (Ind. Ct. App. Nov. 9, 2012) In this case, the Court of Appeals held that a party bringing against a worker’s compensation insurer and claims handler must first bring the claim before the Worker’s Compensation Board before proceeding in state court.
Read More Appellate Procedure
State v. Holtsclaw (Ind. November 5, 2012) In this case, the Indiana Supreme Court held that Appellate Rule 9, which tolls the thirty-day deadline for filing a notice of appeal when a party files a motion to correct error, applies not only in civil cases but also to the State in a criminal case.
Read More Protective Orders
A.G. v. P.G. (Ind. Ct. App. Sept. 21, 2012) In this case, the Court of Appeals affirmed the trial court’s extension of a protective order issued against a father in favor of a mother.
Read More Criminal Procedure- Search and Seizure
Carpenter v. State (Ind. Ct. App. Sept. 19, 2012) In this case the Court of Appeals affirmed the defendant’s conviction for Class B felony conspiracy to commit dealing in methamphetamine.
Read More 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.
Read More 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.
Read More 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.
Read More 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.
Read More 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.
Read More 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.
Read More 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.
Read More 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.
Read More 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.”
Read More 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.
Read More 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.
Read More 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.
Read More 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.
Read More 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.
Read More Due Process
This case involves the often-litigated issue of whether one has a constitutionally protected interest in one’s employment.
Read More 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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