Trial court did not err in denying mortgage owner’s request for a “strict foreclosure” where mortgage owner failed to make junior lienholders parties to the foreclosure action.
Civil
Attaway v. Omega, No. 11A01-0712-CV-608, ___ N.E.2d ___ (Ind. Ct. App., Mar. 13, 2009)
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)
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)
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)
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.