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.
Civil
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.
Clark v. Clark, No. 35S05-0809-CV-506, __ N.E.2d __ (Ind., Mar. 12, 2009)
Incarceration may constitute a substantial change in circumstances warranting a modification of child support.
Atterholt v. Herbst, No. 49S04-0806-CV-344, __ N.E.2d __ (Ind., Mar. 10, 2009)
“[W]hen a claimant seeks excess damages from the Patient’s Compensation Fund after obtaining a judgment or settlement from a health care provider in a medical malpractice case, the Fund may introduce evidence of the claimant’s preexisting risk of harm if it is relevant to establish the amount of damages, even if it is also relevant to liability issues that are foreclosed by the judgment or settlement.”
Becker v. Becker, No. 49S04-0903-CV-113, __ N.E.2d __ (Ind., Mar. 12, 2009)
Clark and Lambert holdings on incarceration’s effect on child support apply only to petitions to modify granted after Lambert was decided, and a modification based on incarceration can relate back no further than the date of the petition to modify.