Collateral estoppel precludes the deception claim because the issue underlying that claim was decided during the arbitration proceedings.
Civil
Black v. Huck, No. 79A04-1202-CT-61, ___ N.E.2d ___ (Ind. Ct. App., Oct. 17, 2012).
DCS is entitled to statutory immunity as to all of the parties’ claims except for fraud. Under the facts of this case, extended family members had a liberty interest in their relationship with child such that they had standing to bring suit.
In re the Matter of G.W., No. 07A01-1201-JM-6, ___ N.E.2d ___ (Ind. Ct. App., Oct. 10, 2012).
A trial court may order a parent to make a child available for an interview requested by DCS to assess that child’s “condition” pursuant to Ind. Code § 31-33-8-7, where the child’s older sibling has made and then recanted allegations of sexual abuse against a family member who lives in the children’s home.
Cleveland v. Clarian Health Partners, Inc., No. 49A02-1110-CT-948, ___ N.E.2d ___ (Ind. Ct. App., Oct. 3, 2012).
Defendant did not commit misconduct under Trial Rule 60(B)(3) when it did not supplement prior deposition testimony of a nonparty.
CitiMortgage, Inc. v. Barabas, No. 48S04-1204-CC-00213, ___ N.E.2d ___ (Ind., Oct. 4, 2012).
MERS was an agent of the lender. Citimortgage, standing in MERS’s shoes, has standing to intervene in the mortgage foreclosure action.