Although the US Supreme Court opinion Howell v. Howell holds that state courts are not permitted to order a veteran to indemnify a divorced spouse for the loss of the spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefit, the trial court had subject-matter jurisdiction to enter an order on veteran’s retirement pay prior to that opinion.
In re Adoption of C.A.H., No. 19A-AD-240, __ N.E.3d __ (Ind. Ct. App., July 30, 2019).
Father’s consent to adoption was irrevocably implied pursuant to Ind. Code § 31-19-10-1.2(g) because father failed to appear for the final hearing.
Wallen v. Hossler, No. 19A-CT-40, __ N.E.3d __ (Ind. Ct. App., July 23, 2019).
Plaintiff may pursue excess damages from the Patient’s Compensation Fund either after a jury trial or after he has entered into a settlement agreement; nothing in the Medical Malpractice Act requires plaintiff to accept doctor’s offer to settle his liability.
Snyder v. Prompt Medical Transportation, Inc., No. 18A-CT-3112, __ N.E.3d __ (Ind. Ct. App., July 25, 2019).
Claims against Humana are preempted by federal law governing Medicare Part C.
Dadouch v. State, No. 19S-CR-404, __ N.E.3d __ (Ind., July 16, 2019).
Trial judges should use both the written advisement of rights form together with the dialogue set forth in the Criminal Benchbook when advising defendants of their rights in a misdemeanor case.