Indiana’s Medical Malpractice Act’s cap on attorney fees from a Patient Compensation Fund award does not reduce the Fund’s liability.
Civil
Gonzalez v. Evans, No. 29A02-1311-DR-984. , __ N.E.3d __ (Ind. Ct. App., Aug. 19, 2014).
Trial Rule 34(C)(3) permits non-parties to recover attorney fees associated with complying with a subpoena or other discovery request, but that refusing to comply with a discovery request solely on the basis that the parties cannot agree on an appropriate amount to pay does not constitute reasonable resistance to a discovery request.
SCI Propane, LLC v. Frederick, No. 55A04-1211-PL-586, __ N.E.3d __ (Ind. Ct. App., Aug. 13, 2014).
Defendants can recover attorney fees under the General Wrongful Death Statute.
In re S.E., No. 29A02-1312-JT-1064, __ N.E.3d __ (Ind. Ct. App., July 30, 2014).
Trial court did not violate defendant’s due-process rights by requiring her to testify by signing to an interpreter.
Fischer v. Heymann, No. 49S02-1309-PL-620, __ N.E.3d __ (Ind., July 17, 2014).
Responding to the plaintiff’s demand was not the defendant’s only option to mitigate damages, but the trial court was within its discretion to reduce damages.