Negligent supervision in sports is not a separate cause of action; an analysis of a coach’s individual actions related to supervising her athletes and the choices made are subsumed by a review of whether that coach was intentional or reckless in her conduct.
Civil
Abbott v. State, No. 21S-PL-347, __ N.E.3d __ (Ind., March 29, 2022).
David, J. In Indiana, civil forfeiture actions typically proceed under one of two statutes: the general forfeiture statute or the racketeering forfeiture statute. Today, we consider whether the racketeering forfeiture statute permits a court to release, to the defendant, funds seized in a forfeiture action so the defendant can hire counsel in that same action. […]
PNC Bank, N.A. v, Page, No. 21A-MF-1974, __ N.E.3d __ (Ind. Ct. App., March 31, 2022).
The orders issued during COVID-19 pausing the accrual of interest did not suspend the automatic accrual of non-discretionary interest provided by the terms of a private loan instrument and as permitted by statute.
Cruz v. Cruz, No. 21A-DN-1954, __ N.E.3d __ (Ind. Ct. App., April 4, 2022).
Annulment and dissolution of marriage are separate causes of action; the trial court erred in finding an annulment petition was a mere amendment of the dissolution petition.
Arrendale v. American Imaging & MRI, LLC, No. 21S-CT-370, __ N.E.3d __ (Ind., March 24, 2022).
Non-hospital medical entities that provide patients with health care may be held vicariously liable for the tortious conduct of an independent contractor through apparent or ostensible agency.