Sperm Donor Agreements may be valid if they meet criteria beyond the traditional elements of a contract; a physician must be involved in the insemination and the written instrument memorializing the arrangement must be sufficiently thorough and formalized. When parties enter into a facially valid donor agreement contract, the party seeking to avoid the contract has the burden of proof on matters of avoidance.
Civil
Commitment of G, No. 33A01-1006-MH-325, __ N.E.2d __ (Ind. Ct. App., Dec. 13, 2010)
Evidence did not support commitment on the basis ordered but, as it was sufficient for commitment on an alternative basis, case is remanded for a review proceeding).
Town of New Chicago v. City of Lake Station, No. 45A03-1001-PL-22, __ N.E.2d __ (Ind. Ct. App., Dec. 13, 2010)
As laches is an equitable defense, it was not available in this contract action, but the defense of equitable estoppel did apply.
Hunt Construction Group, Inc., v. Garrett, No. 49A02-1001-CT-86, __ N.E.2d __ (Ind. Ct. App., Dec. 14, 2010)
Construction manager’s contractual duties are interpreted to give it a duty for safety of contractor’s employees; argument manager had a “nondelegable” duty toward contractor employee is rejected.
The Presbytery of Ohio Valley, Inc. v. O.P.C., Inc., No. 82A02-1003-MF-339, __N.E.2d __ (Ind. Ct. App., Dec. 14, 2010)
In church property dispute, Constitution-allowed “neutral principles” approach required trial court to examine church constitutions and similar laws for trust language which might favor ownership by the national church.