The Federal Employees’ Group Life Insurance Act does not preempt equitable claims against a federal employee life insurance policy.
Civil
Key v. Hamilton, No. 48A02-1007-CT-81, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2012).
“[A] signaling driver may owe a duty of care to a third party motorist as a matter of law when his actions result in the reasonable reliance by the signaled driver that traffic is clear.”
State ex rel. FSSA v. Est. of Roy, No. 33A04-1105-ES-24, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2012).
FSSA, a subdivision of the State, filed a valid lien against the property of a Medicaid recipient, had a preferred claim under Ind. Code 12-15-9-1, and was not required to file its claim within nine months of the death of the Medicaid recipient.
In re Ind. Newspapers, Inc., No. 49A02-1103-PL-23, ___ N.E.2d ___ (Ind. Ct. App., Feb. 21, 2012).
Regarding whether a non-party news organization can be compelled to disclose in a defamation lawsuit the identity of an anonymous commenter, the Court of Appeals adopts a modified Dendrite test requiring the plaintiff to produce prima facie evidence to support only those elements of the cause of action that are not dependent on the commenter’s identity.
Bloomington Magazine, Inc. v. Kiang, No. 53A05-1012-SC-790, ___ N.E.2d ___ (Ind. Ct. App., Feb. 13, 2012).
The professional relationship between the trial court judge and attorney who served as the chairman of the judge’s election committee was not so remote in time so as to dispel the appearance of an impropriety such that a reasonable person would have a rational basis for doubting the judge’s impartiality.