Search based on a warrant based in part on information obtained in violation of the 4th Amendment was upheld when the remaining information for the warrant was not illegally obtained and sufficed to show probable cause.
M. Bailey
Smith v. Champion Trucking Co., No. 93A02-0808-EX-701, ___ N.E.2d ___ (Ind. Ct. App., Feb. 25, 2009)
Third party settlement did not bar worker’s compensation benefits where the settlement was obtained before a worker’s compensation award had been resolved, and was in an amount less than the anticipated worker’s compensation benefit.
Ramirez v. Wilson, No. 56A04-0806-CV-356, ___ N.E.2d ___ (Ind. Ct. App., Jan. 29, 2009)
Viable fetus was not a child for the purposes of the Child Wrongful Death statute.
Indiana Family & Social Servs. Admin. v. Meyer, No. 69A01-0807-CV-358, ___ N.E.2d ___ (Ind. Ct. App., Jan. 30, 2009)
Because plaintiff did not timely file the agency record or seek an additional extension of time in which to do so, its petition for judifical review of a final agency action was “subject to dismissal” under the Administrative Orders and Procedures Act; the trial court, however, had discretion to find that a petition “subject to dismissal” should not, upon a proper showing, be dismissed.
Sommers v. Sommers, No. 49A02-0710-CV-916, ___ N.E.2d ___ (Ind. Ct. App., Dec 29, 2008)
Trial court properly confirmed arbitration award where the party challenging it failed to file a motion to vacate, modify, or correct within the time prescribed by the United States Arbitration Act, which the parties agreed would govern any arbitration.