Plaintiff may raise any theories of alleged malpractice during litigation following the Medical Review Panel process if (1) the proposed complaint encompasses the theories, and (2) the evidence relating to those theories was before the Medical Review Panel.
Civil
Consumer Attorney Services, P.A. v. State, No. 49S05-1703-PL-161, __ N.E.3d __ (Ind,, March 21, 2017).
Neither the Credit Services Organizations Act, Mortgage Rescue Protection Fraud Act, Home Loan Practices Act, nor Deceptive Consumer Sales Act provides an exemption for law firms.
Gill v. Gill, 20A03-1607-DR-1569, __ N.E.3d __ (Ind. Ct. App., March 22, 2017).
The statutory authority allowing a trial court to order a divorced parent to contribute to his child’s post-secondary educational expenses is constitutional.
McCullough v. CitiMortgage, Inc., No. 71S03-1605-MF-272, __ N.E.3d __ (Ind., March 14, 2017).
Unrepresented litigants failed to understand that bankruptcy discharged them from in personam liability, but that their in rem liability for the mortgage remained. Summary judgment on the mortgage foreclosure was properly granted.
Magic Circle Corp. v. Crowe Horwath, LLP, No. 71A03-1607-PL-1520, __ N.E.3d __ (Ind. Ct. App., March 8, 2017).
The economic loss rule does not have the effect of barring an accountant malpractice claim at tort.