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Ramsey Article Appears in The Appellate Advocate
Ramsey Article Appears in The Appellate Advocate
William Ramsey authored an article titled "Keeping the Record Straight: The Rule Against Supplementing the Record on Appeal and Exceptions Thereto" that appeared in the fall edition of The Appellate Advocate.
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Supreme Court Issues Decision in Patchett v. Lee
Supreme Court Issues Decision in Patchett v. Lee
The Indiana Supreme Court holds that evidence of write-offs and reductions to medical bills is admissible in personal injury cases regardless of whether the plaintiff’s bills were paid by a government program or a private insurance company.
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​Supreme Court Finds Divorced Parents Not Required to Pay for Children’s Postgraduate Education Expenses
​Supreme Court Finds Divorced Parents Not Required to Pay for Children’s Postgraduate Education Expenses
On June 1, 2016, the Supreme Court decided an issue of first impression and significant importance in the area of family law.
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Masters v. Masters, ---N.E. 3d---,2015 WL 6107845 (Ind. Oct. 16, 2015)*
Masters v. Masters, ---N.E. 3d---,2015 WL 6107845 (Ind. Oct. 16, 2015)*
In Masters, the Indiana Supreme Court vacated the decision of the Indiana Court of Appeals, Masters v. Masters, 20 N.E.3d 158 (Ind. Ct. App. 2014), trans. granted, and reinstated an award of attorney’s fees awarded to the Mother in a proceeding under the Family Law Arbitration Act (“FLAA”).
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Cleveland Range, LLC vs. Lincoln Fort Wayne Associates, LLC
The Indiana Supreme Court recently denied transfer in the matter of Cleveland Range, LLC v. Lincoln Fort Wayne Associates, LLC, No. 2A05–1503–PL–96, ___ N.E.3d ___ , 2015 WL 5172888 (Ind. Ct. App. Sept. 4, 2015)[1] thereby leaving the Court of Appeals’ decision in place.
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​Interlocutory Appeals: Ball State v. Irons and Ferguson v. Estate of Ferguson
​Interlocutory Appeals: Ball State v. Irons and Ferguson v. Estate of Ferguson
In Ball State University v. Irons, 27 N.E.3d 717 (Ind. 2015), the Indiana Supreme Court held that the appellant, Ball State University was entitled to take an interlocutory appeal of an order compelling the university to release a student transcript.
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Untimely Notices of Appeal: In re Adoption of O.R. one year later
Untimely Notices of Appeal: In re Adoption of O.R. one year later
The Indiana Supreme Court’s decision in In re Adoption of O.R., 16 N.E.3d 965 (Ind. 2014)
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Custody Jurisdiction: Barwick v. Ceruti, 31 N.E.3d 1008 (Ind. Ct. App. 2015)
Custody Jurisdiction: Barwick v. Ceruti, 31 N.E.3d 1008 (Ind. Ct. App. 2015)
In Barwick, the Court of Appeals addressed whether an Indiana trial court had jurisdiction over a child custody proceeding that awarded custody to Father when a concurrent custody proceeding was pending in Canada.
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Court Issues Decision Clarifying Reasonableness of Expert Witness Fees
Court Issues Decision Clarifying Reasonableness of Expert Witness Fees
The recent decision of Beckerman v. Surtani, M.D., 48A02-14-7-PL-527, --- N.E.3d --- (Ind. Ct. App., February 13, 2015), involved a dispute of only $2,000. Despite the relatively small amount of money involved, this decision provides important and much-needed guidance for practitioners and trial courts.
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Medical Malpractice Act
Medical Malpractice Act
Manley v. Sherer (Ind. August 8, 2013) In this medical malpractice case, the Supreme Court addressed two issues: 1) the Medical Malpractice Act’s statute of limitations; and 2) the application of the Medical Malpractice Act to claims against a healthcare provider brought by someone who was not a patient of the healthcare provider.
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Visitation Rights
Visitation Rights
​In Re the Guardianship of A.J.A. and L.M.A., Minor Children (Ind. July 18, 2013) In this case, the Supreme Court addressed the Indiana statute allowing, under certain circumstances, grandparents to have visitation rights.
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Constitutional Law
Constitutional Law
Reading and watching the news for the last few days has made it clear that the United States Supreme Court's recently issued "Rainbow Rulings", which dealt with different facets of gay rights and marriage, are two of the least-understood opinions in memory.
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Pretrial Procedure
Pretrial Procedure
Wright v. Miller (Ind. June 21, 2013) In this case, the Supreme Court reversed the Trial Court’s exclusion of a plaintiff’s expert witness and dismissal of the plaintiff’s case for repeatedly failing to comply with the Trial Court’s case management order and deadlines.
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Medical Malpractice Claim
Medical Malpractice Claim
​Mooney v. Anonymous M.D. 4 (Ind. Ct. App. June 12, 2013)[1] In this case the Court of Appeals reversed the dismissal of a medical malpractice claim, finding that the trial court abused its discretion by dismissing the complaint under Indiana Code section 34-18-10-14 and that it lacked jurisdiction to dismiss the complaint under Indiana Trial Rule 41(E).
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Criminal Law
Criminal Law
​Alexander v. State (Ind. Ct. App. May 10, 2013) In this case, the Indiana Court of Appeals dismissed a criminal appeal on the grounds that the Court of Appeals lacked jurisdiction because the order that the Defendant was attempting to appeal was not a final order.
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Medical Malpractice Complaint Filed with the Indiana Department of Insurance
Medical Malpractice Complaint Filed with the Indiana Department of Insurance
Moryl v. Ransone (Ind. Ct. May 9, 2013) In this medical malpractice case the Indiana Court of Appeals decided, as an issue of first impression, that a proposed complaint for medical malpractice is not considered filed with the Indiana Department of Insurance on the day it is mailed if it sent by a third-party private carrier.
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Family Law: Contribution to Child's College Education
Family Law: Contribution to Child's College Education
​Lovold v. Ellis (Ind. Ct. App. April 26, 2013) In this decision, the Indiana Court of Appeals addressed several issues, including the often-litigated and disputed obligation of a non-custodial parent to contribute to the cost of a child’s college education.
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Products Liability Case Providing Analysis of Personal Jurisdiction
Products Liability Case Providing Analysis of Personal Jurisdiction
​Sebring v. Air Equipment & Engineering, Inc. (April 4, 2013) In this products liability case, the Court of Appeals gave a comprehensive analysis of personal jurisdiction.
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Employment Law
Employment Law
​Walczak v. Labor Works – Fort Wayne, LLC (Ind. March 13, 2013) In this decision, the Supreme Court addressed some uncertainty that existed regarding the Wage Payment Act and the Wage Claims Act.
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Family Law: Grandparents' Rights
Family Law: Grandparents' Rights
In re Visitation of M.L.B. (Ind. March 7, 2013) In this opinion, the Supreme Court addressed the tension that often arises between grandparents’ rights to see their grandchildren and parents’ rights regarding their children.
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