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Case Clips

Published by the Indiana Office of Court Services

Civil

Price v. Ind. Dept. of Child Services, No. 49A05-1602-PL-380, __N.E.3d__ (Ind. Ct. App., Oct. 25, 2016).

October 31, 2016 Filed Under: Civil Tagged With: Appeals, J. Kirsch, M. Robb, P. Riley

Plaintiff has no private case of action under Ind. Code. § 31-25-2-5 to enforce the maximum caseload standard against the Department of Child Services, but can proceed with her mandate action.

Goodwin v. Yeakle’s Sports Bar & Grill, No. 27S02-1510-CT-627, __N.E.3d__ (Ind., Oct. 26, 2016).

October 31, 2016 Filed Under: Civil Tagged With: R. Rucker, Supreme

“In a negligence action, whether a duty exists is a question of law for the court to decide. And in those instances where foreseeability is an element of duty, this necessarily means the court must determine the question of foreseeability as a matter of law. “

Patchett v. Lee, Inc., No. 49S02-1610-PL-532, __ N.E.3d __ (Ind., Oct. 21, 2016).

October 24, 2016 Filed Under: Civil Tagged With: G. Slaughter, R. Rucker, Supreme

“[T]he rationale of Stanley v. Walker applies equally to reimbursements by government payers… The reduced amount is thus a probative, relevant measure of the reasonable value of the plaintiff’s medical care that the factfinder should consider.”

Davis v. Phelps, No. 03A01-1604-PL-928, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2016).

October 17, 2016 Filed Under: Civil Tagged With: Appeals, J. Baker

At the least, the trial court must give an inmate forty-five days to pay the partial filing fee.

Adams v. ArvinMeritor, Inc., No. 49S02-1610-PL-532, __ N.E.3d __ (Ind., Oct. 12, 2016).

October 17, 2016 Filed Under: Civil Tagged With: Per Curiam, Supreme

Inmates had no private right of action to pursue wage claims against a privately owned company where they worked while inmates in the Indiana Department of Correction.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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