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.
Supreme
In the Matter of the Civil Commitment of A.D, No. 26S-MH-65, __ N.E.3d __ (Ind., Feb. 27, 2026).
Appellate courts will affirm a civil commitment if, considering only the probative evidence and the reasonable inferences supporting it, without weighing the evidence or assessing witness credibility, a reasonable trier of fact could find the necessary elements proven by clear and convincing evidence.
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.
Shabazz v. State, No. 25S-CR-183, __ N.E.3d __ (Ind., Feb. 23, 2026).
To show good cause under Interim Rule 14(C) for remote testimony in a criminal trial, the State must present case-specific evidence that allowing a particular witness to testify remotely is necessary to prevent a concrete and substantial harm that would otherwise likely occur and that could not be adequately addressed if the witness were to testify in person.
Ewing v. State, No. 26S-CR-43, __ N.E.3d __ (Ind. Ct. App., Feb. 12, 2026).
A prosecutor cannot seek a sanction for violating the rules of work release or probation that is different than the sanction sought in the revocation petition(s) that is (are) the subject of a final revocation hearing.