Providers are immune from liability under the state Healthcare Immunity Act and state Premises Immunity Act because Elmer’s treatment arose in response to the state disaster emergency for COVID-19. Likewise, Providers are also immune from liability under the federal PREP Act because Elmer’s death arose from use of a covered countermeasure, a ventilator, to treat COVID-19.
Civil
In the Matter of the Civil Commitment of A.D, No. 26S-MH-65, __ N.E.3d __ (Ind., Feb. 27, 2026).
Appellate courts will affirm a civil commitment if, considering only the probative evidence and the reasonable inferences supporting it, without weighing the evidence or assessing witness credibility, a reasonable trier of fact could find the necessary elements proven by clear and convincing evidence.
Indiana Land Trust #3082 and Omar and Haitham Abuzir as Trustees v. Hammond Redevelopment Commission et al., No. 25S-PL-141, __ N.E.3d __ (Ind., Feb. 24, 2026).
The Indiana Tort Claims Act establishes certain parameters to determine liability for negligent acts or omissions on the part of government employees and grants substantial immunity for conduct that falls within the scope of the employee’s employment.
Schultz v. S.P. Real Estate LLC, No. 25A-CT-165, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2025).
Comparative fault does not reduce liability for intentional torts. Liability for an intentional tort turns on the tortfeasor’s deliberate choice to commit the act.
Brooks v. USA Track & Field, Inc., No. 25S-PL-103, __ N.E.3d __ (Ind., Dec. 17, 2025).
A party cannot amend their complaint after final judgment has been issued. T.R. 15(A) does not apply once a final judgment has been entered.