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.
Civil
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.
Droscha v. Shepherd, No. 52A02-1001-PL-26, __ N.E.2d __ (Ind. Ct. App., Aug. 3, 2010)
Indiana extends judicial and/or quasi-judicial immunity to arbitrators and their sponsors.
Indiana Bureau of Motor Vehicles v. McNeil, No. 02A03-1001-MI-90, ___ N.E.2d ___ (Ind. Ct. App., Aug. 5, 2010)
Trial court erred when it interpreted Ind. Code § 34-11-2-4(3) to impose a statute of limitations on the BMV’s ability to impose an administrative suspension.
City of Indianapolis v. Hicks, No. 49A02-1002-CT-95, ___ N.E.2d ___ (Ind. Ct. App., Aug. 10, 2010)
(1) City waived its challenge based on the magistrate’s lack of authority to grant Plaintiff’s motion to correct error by failing to object until after time for ruling on the motion expired; (2) waiver notwithstanding, trial court properly used a nunc pro tunc order to grant Plaintiff’s motion, because the CCS provides a sufficient written memorial indicating the trial court adopted the magistrate’s recommendation within the required time.