Even though husband was presumed to be child’s father, his paternity had not been established so the prosecuting attorney was authorized to file a paternity petition.
Civil
River Ridge Dev. Authority v. Outfront Media, LLC, No. 19S-PL-645, __ N.E.3d __ (Ind., May 29, 2020).
“The common-law obdurate behavior exception and the General Recovery Rule cannot authorize a trial court to award attorney’s fees when a party voluntarily dismisses its suit with prejudice. But a court can, at any point in litigation, exercise its inherent authority to sanction a party’s bad behavior by shifting fees.”
In re Termination of Tre.S, No. 19A-JT-2915, __ N.E.3d __ (Ind. Ct. App., May 27, 2020).
Reminder to trial-level DCS attorneys and trial courts that they have a duty to ensure that parents’ due-process rights in termination cases are not violated.
FM Nephrology Partners N. Central Ind. Dialysis Centers, LLC v. Meritain Health, Inc., No. 20S-PL-302, __ N.E.3d __ (Ind., May 11, 2020).
Case was not preempted by ERISA when a health-care provider sued defendant health-insurance plans, which are governed by ERISA, allege they failed to pay agreed reimbursement rates for covered services under their plans.
Batchelder v. Ind. University Health Care Assoc., No. 19A-CT-2569, __ N.E.3d __ (Ind. Ct. App., May 14, 2020).
When there are joint tortfeasors in a medical malpractice action, the trial court should not prematurely set off a settlement to the statutory limit without first determining the value of case.