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Case Clips

Published by the Indiana Office of Court Services

Civil

Preferred Professional Ins. Co., v. West, No. 49A02-1403-CT-163, __ N.E.3d __ (Ind. Ct. App., Dec. 16, 2014).

December 18, 2014 Filed Under: Civil Tagged With: Appeals, J. Kirsch, M. Robb

The Medical Malpractice Act was not intended to cover claims by third parties having absolutely no relationship to the doctor or medical provider.

Orange v. Morris, No. 45A03-1310-PL-414, __ N.E.3d __ (Ind. Ct. App., Dec. 18, 2014).

December 18, 2014 Filed Under: Civil Tagged With: Appeals, C. Bradford

City court judge properly filed a complaint in mandamus in Circuit Court instead of issuing a mandate order under T.R. 60.5.

Warger v. Shauers, No. 13–517, 574 U. S. ____ (2014).

December 11, 2014 Filed Under: Civil Tagged With: S. Sotomayor, SCOTUS

Federal Rule of Evidence 606(b) applies to juror testimony during a proceeding seeking to secure a new trial on the grounds that a juror lied during voir dire.

In re C.R., No. 79A05-1404-GU-176. __ N.E.3d __ (Ind. Ct. App., Nov. 26, 2014).

December 4, 2014 Filed Under: Civil Tagged With: Appeals, C. Bradford

Grandparents have no right to request psychological evaluations for their grandchildren against their parents’ wishes.

Huntington Nat’l Bank v. Car-X Assoc. Corp., No. 64A04-1405-MF-227, __ N.E.3d __ (Ind. Ct. App., Dec. 3, 2014).

December 4, 2014 Filed Under: Civil Tagged With: Appeals, E. Brown, M. Barnes

When the employee that typically received notice was on maternity leave, in light of the short length of the delay, the security interest of Defendant, the amount at issue, the absence of evidence of prejudice to Plaintiff by the delay, and the severity of the sanction of default judgment, Defendant’s failure to respond to complaint constituted excusable neglect under T.R. 60(B)(1).

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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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