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.
Civil
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.
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.”