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Case Clips

Published by the Indiana Office of Court Services

Civil

Attaway v. Omega, No. 11A01-0712-CV-608, ___ N.E.2d ___ (Ind. Ct. App., Mar. 13, 2009)

March 20, 2009 Filed Under: Civil Tagged With: Appeals, E. Brown, T. Crone

Trial court properly denied motion to dismiss for lack of personal jurisdiction, because defendants-eBay sellers purposefully availed themselves of the privilege of conducting activities within Indiana.

In re N.E., No. 49A02-0806-JV-522, ___ N.E.2d ___ (Ind. Ct. App., Mar. 19, 2009)

March 20, 2009 Filed Under: Civil Tagged With: Appeals, N. Vaidik, P. Riley

Where DCS alleged Child to be a CHINS with respect to Mother, but not with respect to Father, Court of Appeals remanded the case for determination of whether Father is willing and able to appropriately parent Child.

Wyeth v. Levine, No. 06-1249, ___ U.S. ___ (Mar. 4, 2009) (excerpts from syllabus)

March 20, 2009 Filed Under: Civil Tagged With: J. Stevens, SCOTUS

Federal law does not pre-empt plaintiff’s claim that a drug label approved by the FDA did not contain an adequate warning about a particular method of administration.

Jackson v. Scheible, No. 03S01-0807-CV-390, __ N.E.2d __ (Ind., Mar. 10, 2009)

March 13, 2009 Filed Under: Civil Tagged With: R. Rucker, Supreme, T. Boehm

Restatement of Torts 363 on liability of a land possessor for harm caused by trees can apply to a seller of the land if the seller retains possession or control of routine maintenance; in this case buyer had possession and seller was not liable.

Clark v. Clark, No. 35S05-0809-CV-506, __ N.E.2d __ (Ind., Mar. 12, 2009)

March 13, 2009 Filed Under: Civil Tagged With: F. Sullivan, Supreme

Incarceration may constitute a substantial change in circumstances warranting a modification of child support.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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