On rehearing, the Court recognizes the practical difficulties that businesses may face in securing affirmative consent to contract modifications from existing customers and notes that it leaves open the possibility of adopting, in the future, a different standard governing the offer and acceptance of unilateral contracts between businesses and consumers.
State v. Woodworth, No. 22A-CR-2557, __ N.E.3d __ (Ind. Ct. App., Jan. 23, 2024).
When a trial court overturns a jury’s verdict, Trial Rule 59(J) requires special findings of fact upon each material issue or element of the claim or defense upon which a new trial is granted. When a court grants a new trial without making specific findings, the remedy on appeal is to reinstate the jury verdict.
Konkle v. State, No. 23A-CR-783, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2024).
The eggshell-skull doctrine does not apply in cases of murder or voluntary manslaughter. The relevant statutes require that the defendant either must intend to kill the victim or know that his actions will likely result in the victim’s death, which is inconsistent with the proposition that you take your victim as you find them.
In re Visitation of C.B., No. 23A-MI-1586, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2024).
The Grandparents Visitation Act does not preclude a grandparent from seeking visitation with a child where the custodian of the child is the grandparent’s child.
Korakis v. Memorial Hospital of South Bend, No. 23S-CT-109, __ N.E.3d __ (Ind., Jan. 25, 2024).
A medical expert does not need to expressly state the applicable standard of care in his affidavit, it can be inferred from substantively sufficient information.