The trial court had subject matter jurisdiction to grant plaintiffs’ motions to certify a class as a preliminary determination under the Medical Malpractice Act.
Appeals
Randall v. Woodson, No. 22A-PL-2830, __N.E.3d __ (Ind. Ct. App., June 19, 2023).
Social Security Administration has exclusive authority over the issues of benefit misuse by representative payees and over the recovery of those misused funds; a trial court did not have subject matter jurisdiction.
Ind. Dept. of Ins. v. Doe, No. 22A-CT-1276, __N.E.3d __ (Ind. Ct. App., June 2, 2023).
An underlying act of medical malpractice is a necessary predicate and condition precedent to a medical credentialing malpractice claim.
Where the Patient’s Compensation Fund is not a party to a settlement agreement between the claimant and the provider and the court must consider the liability of the health care provider as “admitted and established,” the Fund is not precluded from making an independent determination and may dispute whether the underlying conduct is compensable under the Act. The Fund does not have an affirmative duty to intervene in settlement negotiations between a claimant and a provider or to address a claim for excess damages until the claim has been filed in court.
Trejo v. State, No. 22A-CR-1817, __N.E.3d __ (Ind. Ct. App., June 2, 2023).
Lack of volition is not a defense to an alleged probation violation.
Norton v. State, No. 22A-CR-2314, __ N.E.3d __ (Ind. Ct. App., May 23, 2023).
There is no provision of the appellate rules which permits trial courts to expand the time limit in which to seek appeal as prescribed by Appellate Rule 9