The Indiana Business Trust Act’s limitation period is a statute of repose and fraudulent concealment may not extend the time in which to file a claim.
Civil
In re Change of Name and Gender of H.S., No. 21A-MI-884, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2021).
When a parent seeks a change of gender marker for a child, it must be accompanied by a best interests analysis and include more than conclusory testimony.
Denman v. St. Vincent Medical Group, Inc., No. 20A-PL-1236, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2021).
The Supreme Court’s emergency orders, issued because of COVID, did not toll the accrual of post-judgment interest.
Johnson v. Harris, No. 20A-CT-2384, __ N.E.3d __ (Ind. Ct. App., Aug. 23, 2021).
The Child Wrongful Death Statute (CWDS) does not authorize a personal representative to file a wrongful death claim for a child when a claim was never filed by the deceased parent. The legislative intent of the CWDS was to give parents the exclusive right to file a wrongful death action, except where both parents lacked custody of the child at the time of the child’s death.
Health & Hospital Corp. of Marion Cnty. v. Dial, No. 20A-CT-2382, __ N.E.3d __ (Ind. Ct. App., July 30, 2021).
A proposed complaint before the IDOI is not void ab initio because it was filed in the name of a deceased individual as administrator of the estate of a deceased alleged victim of malpractice.