Indiana Code section 29-1-2-7(b), which governs paternal inheritance to, through, and from a child born out of wedlock, requires a child to show she is a child born out of wedlock; because there was a genuine issue of material fact as to whether the child in this case was a child born out of wedlock, trial court erred in granting summary judgment in the child’s favor.
Civil
Eads v. Community Hosps., No. 45S03-1001-CV-33, ___ N.E.2d ___ (Ind., Sept. 1, 2010)
Where patient as injured leaving hospital, and the medical malpractice limitations period expired before the trial court dismissed her general negligence complaint for failure to comply with the Medical Malpractice Act, her medical malpractice action alleging the same facts as the dismissed complaint may be deemed a continuation of the first complaint for purposes of the Journey’s Account Statute.
In re Paternity of P.B., No. 03A01-1001-JP-5, ___ N.E.2d ___ (Ind. Ct. App., Aug. 16, 2010)
Trial court erred in imposing a clear-and-convincing-evidence standard with respect to Mother’s motion to modify and terminate Father’s parenting time.
Hematology-Oncology of Indiana v. Fruits, No. 49A05-0910-CV-556, ___ N.E.2d ___ (Ind. Ct. App., Aug. 18, 2010)
Attorney fees, costs, and expenses are recoverable damages under the Wrongful Death Act and the Adult Wrongful Death Act. NOTE: This opinion conflicts with McCabe v. Commissioner, Ind. Dep’t of Ins., reported in the July 23, 2010 issue of Case Clips.
Bauer v. Shepard, No. 09-2963, ___ F.3d ___ (7th Cir., Aug. 20, 2010)
The challenge to the 2008 version of the Code of Judicial Conduct is unripe, not moot.