A trial court judge is not required to recuse from a case solely because counsel for one of the parties served as a professional reference.
Civil
Bellwether Properties, LLC v. Duke Energy Indiana, Inc., No. 53S04-1703-CT-121, __ N.E.3d __ (Ind., Dec. 20, 2017).
Because the complaint does not establish that the statute of limitations had already run when the complaint was filed, Defendant’s T.R. 12(B)(6) motion shouldn’t have been granted.
Shirey v. Flenar, No. 02A03-1704-MI-876, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2017).
Doctor had a duty to preserve plaintiff’s medical records and is properly subject to a cause of action for spoliation.
Alford v. Johnson Cnty. Commissioners, No. 73A04-1702-PL-223, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2017).
Trial court properly dismissed for failure to state a claim a complaint by defendants that the rights of indigent criminal defendants are being ignored because the attorneys assigned as public defenders are burdened by unmanageable caseloads and not providing actual assistance of counsel as required by the United States Constitution and the Indiana Constitution.
Town of Ellettsville v. DeSpirito, No. 53S01-1709-PL-612, __ N.E.3d __ (Ind., Dec. 12, 2017).
In re D.J. v. Ind. Dep’t of Child Servs. did not relax the procedural requirements for appellate jurisdiction. The prerequisites for appellate jurisdiction are entry of an appealable order by the trial court and the trial court clerk’s entry of the notice of completion of the clerk’s record on the chronological case summary.