Claims against Humana are preempted by federal law governing Medicare Part C.
Civil
Martinez v. Oaklawn Psychiatric Center, No. 18A-CT-2883, __ N.E.3d __ (Ind. Ct. App., July 12, 2019).
The test as to whether the Medical Malpractice Act applies to specific misconduct is to determine whether that misconduct arises naturally or predictably from the relationship between the health care provider and patient or from an opportunity provided by that relationship.
River Ridge Development Authority v. Outfront Media, LLC, No. 18A-PL-2347, __ N.E.3d __ (Ind. Ct. App., July 15, 2019).
Obdurate behavior is no longer an exception to the American Rule for attorney fees
Wilson v. State, No. 18A-PC-3041, __ N.E.3d __ (Ind. Ct. App., June 27, 2019).
A trial court must hold a hearing that complies with Miller v. Alabama, 567 U.S. 460 (2012) when the effect of a sentence imposed on a juvenile will amount to a de facto life sentence.
State v. Lawson, Inc., No. 60C02-1502-PL-54, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
Under the Uniform Fraudulent Transfer Act, husband’s equitable interest in property did not entitle him to the half of the proceeds from the sale of property; a defrauded creditor is entitled to the full value of the fraudulently transferred property at the time of the transfer.