Statements made to the mediator during mediation fall within the express inadmissibility of mediation evidence.
B. Dickson
Iltzsch v. State, No. 49S02-49S02-1301-CR-57, __ N.E.2d __ (Ind., Jan. 24, 2013).
Remands for a new restitution hearing to allow presentation of additional evidence on losses compensable through restitution, when evidence presented at initial hearing was held insufficient by the Court of Appeals.
Gonzalez v. State, No. 45S03-1206-CR-307, __ N.E.2d __ (Ind., Jan. 10, 2013).
Retroactive imposition of a lifetime sex offender registration requirement, when the offender has no remedy for relief from registration on the bases of rehabilitation and no risk to the public, violates the Indiana Constitution Ex Post Facto Clause.
Kosarko v. Padula, No. 45S03-1206-CT-310, ___ N.E.2d ___ (Ind., Dec. 12, 2012).
“[T]he Tort Prejudgment Interest Statute abrogates and supplants the common law prejudgment interest rules in cases covered by the statute.”
Inman v. State Farm Auto. Mut. Ins. Co., No. 41S01-1108-CT-515, ___ N.E.2d ___ (Ind., Dec. 12, 2012).
The Tort Prejudgment Interest Statute applies to an action by an insured against an insurer to recover benefits under the insured’s underinsured motorist (“UIM”) policy, and prejudgment interest can be awarded in excess of the policy limits set forth in an insured’s UIM policy.