In this medical malpractice case, the defendants’ own designated evidence revealed conflicting medical opinions on the element of causation creating a genuine issue of material fact.
Civil
Stewart v. Alunday, No. 16A04-1507-CT-760, __ N.E.3d __ (Ind. Ct. App, April 28, 2016).
Judicial admissions are conclusive and binding on the trier of fact.
Citizens Action Coalition of Ind. v. Koch, No. 49S00-1510-PL-00607, __ N.E.3d __ (Ind., April 19, 2016).
Whether the work product exception within the Indiana Access to Public Records Act applies to the Indiana General Assembly is a non-justiciable question.
Gaff v. Indiana-Purdue University of Fort Wayne, No. 02S03-1604-PL-201, __ N.E.3d __ (Ind., April 22, 2016).
“[W]hile the plaintiff’s cause of action arises under federal law, summary judgment proceedings arising under Indiana Trial Rule 56 are governed by Indiana summary judgment procedure and jurisprudence.”
Whistle Stop Inn, Inc. v. City of Indianapolis, No. 49S02-1604-MI-175, __ N.E.3d __ (Ind., April 11, 2016).
Indianapolis’ non-smoking ordinance does not violate the Equal Privileges and Immunities Clause of Article 1, Section 23 of the Indiana Constitution.