A general waiver of a right to appeal a sentence in plea agreement, when contained in the same sentence as an unenforceable waiver of post-conviction relief, is insufficiently explicit to establish a knowing and voluntary waiver of the right to appeal a sentence.
Supreme
FM Nephrology Partners N. Central Ind. Dialysis Centers, LLC v. Meritain Health, Inc., No. 20S-PL-302, __ N.E.3d __ (Ind., May 11, 2020).
Case was not preempted by ERISA when a health-care provider sued defendant health-insurance plans, which are governed by ERISA, allege they failed to pay agreed reimbursement rates for covered services under their plans.
In re R.L.., No. 20S-JC-296, __ N.E.3d __ (Ind., May 5, 2020).
DCS was barred from filing a successive CHINS action after the first petition was dismissed with prejudice. DCS “cannot engage in piecemeal litigation to get subsequent bites at the same apple.”
Robertson v. State, No. 19S-PL-432, __ N.E.3d __ (Ind., March 30, 2020).
For the claims to recover public funds pursuant to Ind. Code § 5-11-5-1(a), the limitations period begins to run only after the Office of the Indiana Attorney General receives a final, verified report from the State Board of Accounts. Claims pursuant to the Crime Victims Relief Act are governed by the discovery rule.
Perkins v. Memorial Hospital of South Bend, No. 20S-CT-233, __ N.E.3d __ (Ind., March 31, 2020).
Testimony compelled by a subpoena or other statutory duty is protected under the public policy exception to at-will employment.