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.
Civil
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.
In re Name Change of Doe, No. 19A-MI-2166, __ N.E.3d __ (Ind. Ct. App., May 18, 2020).
Petitioner is not required to be a United States citizen to obtain a statutory name change.
In re R.L.., No. 20S-JC-296, __ N.E.3d __ (Ind., May 5, 2020).
DCS was barred from filing a successive CHINS action after the first petition was dismissed with prejudice. DCS “cannot engage in piecemeal litigation to get subsequent bites at the same apple.”
Burdick v. Romano, No. 19A-CT-2739, __ N.E.3d __ (Ind. Ct. App, May 5, 2020).
In a case related to an injury caused by a horse in a horse arena, the trial court properly refused to give negligence instructions and properly gave instructions on inherent risks of equine activities and incurred risk.