Drug-addicted parents should have the opportunity to rehabilitate themselves and then reestablish a relationship with their children, but they do not have an open-ended pass for not communicating significantly with their children.
Arrendale v. American Imaging & MRI, LLC, No. 20A-CT-2184, __ N.E.3d __ (Ind. Ct. App., May 14, 2021).
A hospital can be held vicariously liable for the negligence of a non-hospital facility.
Wright v. State, 20S-LW-260, __ N.E.3d __ (Ind., May 4, 2021).
When deciding whether a defendant properly waives the right to counsel in capital and LWOP cases, a trial court should frame its waiver inquiry with the state’s heightened reliability interests in mind. That inquiry should focus on whether, and to what extent, the defendant has prior experience with the legal system; the scope of the defendant’s knowledge of criminal law, legal procedures, rules of evidence, and sentencing; and whether and to what extent the defendant can articulate and present any possible defenses, including lesser-included offenses and mitigating evidence.
Lake Imaging, LLC v. Franciscan Alliance, Inc, No. 20A-CT-1490, __ N.E.3d __ (Ind. Ct. App., May 4, 2021).
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act.
Nat’l Collegiate Athletic Assoc. v. Finnerty, No. 20A-CT-1069, __ N.E.3d __ (Ind. Ct. App., May 4, 2021).
Motion to certify interlocutory appeal was deemed denied when the trial court did not rule on it within thirty days of filing; the trial court could not revive the motion by belatedly granting it. Repetitive motion was a motion to reconsider and also was untimely.