On rehearing, the Court recognizes the practical difficulties that businesses may face in securing affirmative consent to contract modifications from existing customers and notes that it leaves open the possibility of adopting, in the future, a different standard governing the offer and acceptance of unilateral contracts between businesses and consumers.
Civil
In re Visitation of C.B., No. 23A-MI-1586, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2024).
The Grandparents Visitation Act does not preclude a grandparent from seeking visitation with a child where the custodian of the child is the grandparent’s child.
Korakis v. Memorial Hospital of South Bend, No. 23S-CT-109, __ N.E.3d __ (Ind., Jan. 25, 2024).
A medical expert does not need to expressly state the applicable standard of care in his affidavit, it can be inferred from substantively sufficient information.
Zaragoza v. Wexford of Ind., LLC, No. 23S-CT-99, __ N.E.3d __ (Ind., Jan. 25, 2024).
The trial court should not have granted summary judgment. An inmate must rely on prison authorities for their medical needs. If they aren’t meeting those needs, the courts must not prematurely close their doors to a potentially meritorious claim.
Freed v. Freed, No. 23A-DC-129, __ N.E.3d __ (Ind. Ct. App., Jan. 26, 2024).
The Court adopts a balancing approach to resolve the custody of frozen pre-embryos that looks at: (1) the intended use of the pre-embryos by the party seeking to preserve them; (2) the reasonable ability of the party seeking implantation to have children through other means; (3) the parties’ original reasons for undergoing IVF, which may favor preservation over disposition; (4) the potential burden on the party seeking to avoid becoming a genetic parent; (5) either party’s bad faith attempt to use the pre-embryos as leverage in the dissolution proceeding; and (6) other considerations relevant to the parties’ unique situation.