The trial court properly declined to enforce the agreement between mother and her former partner that partner would be child’s parent, but the partner does have standing to seek visitation.
Civil
McGee v. McGee, No. 45A04-1301-DR-33, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2013).
A guardian cannot file a petition for dissolution of marriage on behalf of his or her ward.
Ferguson v. O’Brien, No. 49A02-1211-CT-917, __ N.E.2d __ (Ind. Ct. App., Oct. 15, 2013).
The drafter of a will owes a fiduciary duty to intended beneficiaries even though he may not have known their names when he drafted the will.
Estate of Mayer v. Lax, Inc., No. 37A03-1207-PL-323, __ N.E.2d __ (Ind. Ct. App., Oct. 7, 2013).
-Termination of a cause of action against an alleged agent-tortfeasor because of death does not require termination of a cause of action against the agent’s principal.
-Punitive damages should not be imposed against a corporation strictly on the basis of respondeat superior for an employee’s misconduct; there must be evidence of positive or collusive action by the employer.
In re Dixon, No. 71S00-1104-DI-196, __ N.E.2d __ (Ind., Oct. 8, 2013).
Adopts an objective standard for determining when a statement made by an attorney about a judicial officer violates Indiana Professional Conduct Rule 8.2(a), “A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge . . . .”