“[T]he rationale of Stanley v. Walker applies equally to reimbursements by government payers… The reduced amount is thus a probative, relevant measure of the reasonable value of the plaintiff’s medical care that the factfinder should consider.”
Davis v. Phelps, No. 03A01-1604-PL-928, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2016).
At the least, the trial court must give an inmate forty-five days to pay the partial filing fee.
Adams v. ArvinMeritor, Inc., No. 49S02-1610-PL-532, __ N.E.3d __ (Ind., Oct. 12, 2016).
Inmates had no private right of action to pursue wage claims against a privately owned company where they worked while inmates in the Indiana Department of Correction.
Lewis v. State, No. 45S00-1601-LW-32, __ N.E.3d __ (Ind., Oct. 4, 2016).
The imposition of a sentence of life without parole was reversible error by the trial court because the sole aggravating factor supporting the sentence was not determined by the trier of fact beyond a reasonable doubt during the penalty phase. The Supreme Court concurred with defendant’s initial request, and in the interests of judicial economy, exercised their appellate prerogative and resentenced him to a total term of 88 years.
McKeen v. Turner, No. 53A05-1511-CT-2047, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2016).
“[A] plaintiff may raise any theories of alleged malpractice during litigation following the [Medical Review Panel] process if (1) the proposed complaint encompasses the theories, and (2) the evidence related to those theories was before the [Medical Review Panel].”