ERISA is a preemption defense that must be raised at the trial court level or it is waived. If a fiduciary relationship is breached those actions can amount to constructive fraud which in turn supports the imposition of a constructive trust.
C. Goff
Martinez v. Smith, et al, No. 26S-CT-112, __ N.E.3d __ (Ind., Apr. 8, 2026).
The common-law duty under the Reece case to refrain from creating hazardous conditions encompasses not just the paved portion of the roadway but also traffic-control devices within the public right-of-way.
Rosen v. Community Healthcare System d/b/a Community Hospital, No. 25S-CT-217, __ N.E.3d __ (Ind., Mar. 11, 2026).
Rosen argues we should vacate the judgment for the hospital for two reasons. First, she claims the hospital spoliated evidence, and she was unfairly prejudiced by the trial court unreasonably declining to remedy the spoliation. Second, she claims the trial court erred by sustaining the hospital’s objections to her introducing evidence that there was additional video footage that the hospital didn’t preserve. The hospital responds that each of these rulings reflects a reasonable judgment call within the trial court’s discretion. We agree with the hospital and analyze each issue in turn.
Shantel Waggoner, Individually and as Executrix of the Estate of Elmer Gordon Waggoner v. Anonymous Health System, Inc., et al., No. 26S-CT-17, __ N.E.3d __ (Ind., Mar. 4, 2026).
Providers are immune from liability under the state Healthcare Immunity Act and state Premises Immunity Act because Elmer’s treatment arose in response to the state disaster emergency for COVID-19. Likewise, Providers are also immune from liability under the federal PREP Act because Elmer’s death arose from use of a covered countermeasure, a ventilator, to treat COVID-19.
Indiana Land Trust #3082 and Omar and Haitham Abuzir as Trustees v. Hammond Redevelopment Commission et al., No. 25S-PL-141, __ N.E.3d __ (Ind., Feb. 24, 2026).
The Indiana Tort Claims Act establishes certain parameters to determine liability for negligent acts or omissions on the part of government employees and grants substantial immunity for conduct that falls within the scope of the employee’s employment.