Indiana Medical Malpractice Act applies when a plaintiff alleges that a qualified health-care provider treated someone else negligently and that the negligent treatment injured the plaintiff.
Civil
City of Marion v. London Witte Group, No. 20S-MI-00567, __ N.E.3d __ (Ind., June 17, 2021).
The Indiana Supreme Court adopts the equitable tolling doctrine of adverse domination when intentional wrongdoing is alleged.
Atkins v. Crawford County Clerk’s Office, No. 20A-MI-2160, __ N.E.3d __ (Ind. Ct. App., June 1, 2021).
Trial court improperly denied a motion to waive the filing fee when plaintiff filed a verified affidavit of indigency with documentation of her cash assets. If the trial court had any doubt about plaintiff’s indigency, the trial court could have waived the filing fee, and, upon a later discovery that the litigant has the means to pay, order reimbursement of the waived fee; or a trial court may hold a hearing to examine the litigant’s potential indigency.
In re Adoption of K.T., No. 20A-AD-2102, __ N.E.3d __ (Ind. Ct. App., June 1, 2021).
The ongoing CHINS proceeding did not prohibit the trial court from dispensing with mother’s and father’s consents in the adoption proceeding.
AO Alfa-Bank v. Doe, No. 20A-MI-2352, __ N.E.3d __ (Ind. Ct. App., May 19, 2021).
Court did not have subject matter jurisdiction to consider a motion to quash an out-of-state subpoena which had not been domesticated.