Given the deferential standard of review for agency action, the court upheld the Indiana Education Employment Relations Board factfinder’s decision.
Civil
In re Guardianship of Morris, No. No. 34A02-1510-GU-1809, __ N.E.3d __ (Ind. Ct. App, July 12, 2016).
The trial court should consider the effect of a power of attorney when determining if the appointment of a guardian is necessary.
Escamilla v. Shiel Sexton Co., No. 54A01-1506-CT-602, __ N.E.3d __ (Ind. Ct. App, July 13, 2016). (dissent on rehearing)
Judge Baker dissents the denial of petition for rehearing; knowledge of a party’s immigration status alone sheds no meaningful light on the question of whether that party will one day face deportation.
State v. Marion Superior Court, No. No. 49S00-1605-OR-294, __ N.E.3d __ (Ind., July 5, 2016).
Supreme Court granted the original action seeking to compel change of judge on remand.
Green v. Robertson, No. 49A02-1509-MI-1487__ N.E.3d __ (Ind. Ct. App., July 5, 2016).
“Where recovery is limited to damages for increased risk of harm because the patient stood less than a 50% chance of recovery prior to encountering the physician’s negligence, the trial court may consider evidence of the patient’s underlying risk in order to determine the appropriate amount of damages.”