Where DCS alleged Child to be a CHINS with respect to Mother, but not with respect to Father, Court of Appeals remanded the case for determination of whether Father is willing and able to appropriately parent Child.
Wyeth v. Levine, No. 06-1249, ___ U.S. ___ (Mar. 4, 2009) (excerpts from syllabus)
Federal law does not pre-empt plaintiff’s claim that a drug label approved by the FDA did not contain an adequate warning about a particular method of administration.
Vermont v. Brillon, No. 08-88, __ U.S. __ (Mar. 9, 2009)
Under 6th Amendment speedy trial right, the delays in trial attributable to continuances and other extensions sought by appointed defense counsel, many due to defendant’s intransigence, were not chargeable to the State.
Shotts v. State, No. 71A03-0808-CR-400, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2009)
“Good faith” exception did not save arrest on Alabama arrest warrant which was based on a completely conclusory affidavit; fact arresting Indiana officers never had seen the warrant or affidavit did not alter the result.
Jackson v. Scheible, No. 03S01-0807-CV-390, __ N.E.2d __ (Ind., Mar. 10, 2009)
Restatement of Torts 363 on liability of a land possessor for harm caused by trees can apply to a seller of the land if the seller retains possession or control of routine maintenance; in this case buyer had possession and seller was not liable.