The burden of proof on a petition to modify an existing order of grandparent visitation rights is on the petitioner to show the modification is in the best interests of the child.
Civil
In re: Indiana State Fair Litigation, No. 49S02-1601-CT-51, ___ N.E.3d ___, (Ind. Jan. 28, 2016).
Indemnity language on back of vendor’s invoice could not be applied retroactively to liabilities predating the invoice; retroactive effect was not “clearly and unequivocally” expressed in invoice language, and could not be inferred from parties’ course of dealing.
Kevin T. Scripture, M.D. et al. v. Julia and Steven Roberts, No. 49A02-1504-CT-211, ___ N.E.3d ___, (Ind. Ct. App. Feb. 1, 2016).
Doctors’ conclusory affidavits failed to raise genuine issue of fact; affidavits merely restated the denials in their pleadings and did not cite facts to support that they met the standard of care or did not cause plaintiffs’ damages.
Town of Zionsville v. Town of Whitestown, No. 06S01-1601-PL-36, __ N.E.3d __ (Ind., Jan. 22, 2016).
“2014 Zionsville-Perry Reorganization is not prohibited and that Whitestown may not adopt annexation ordinances annexing territory in municipalities that are the result of completed reorganizations under the [Government Modernization] Act.”
In re Guardianship of Stant, No. 07A01-1504-GU-139, __ N.E.3d __ (Ind. Ct. App., Jan. 12, 2016).
Ind. Code § 30-5-6-4, setting forth who may make a request and receive an accounting from an attorney in fact, applies to all power of attorneys (not just those created after the amendment of the statute on July 1, 2012).