When juror stated he did not want to serve as a juror, had a favorable impression of doctors, and stated repeatedly that he could not and would not be able to assess non-economic damages, he should have been struck for cause; a new trial is appropriate.
Civil
Blackford v. Welborn Clinic, No. 19A-CT-2054, __ N.E.3d __ (Ind. Ct. App., June 26, 2020).
A nonclaim statute may be tolled in cases of fraudulent concealment.
Jones v. Gruca, No. 19A-DR-2484, __ N.E.3d __ (Ind. Ct. App., June 18, 2020).
Ordering parents to work with a parenting coordinator before filing motions regarding custody, support, or visitation did not violate the Indiana Constitution’s open courts clause.
In re Paternity of J.G., No. 19A-JP-2429, __ N.E.3d __ (Ind. Ct. App., June 4, 2020).
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.
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.”