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Appellate Law
Real Property Used for "Charitable Purposes" Can be Exempt from Taxation
Indiana statute provides that real property used for “charitable purposes” can be exempt from taxation.
Read More Court of Appeals Issues Decision Addressing Questions of What Constitutes Medical Care
In medical malpractice cases, a dispute can arise over whether certain acts or omissions occurred in the course of providing medical care or the related question of whether a patient-provider relationship arose based on certain acts of a medical provider.
Read More Court of Appeals Issues Decision Regarding Mitigation of Damages
Some personal injury cases warrant the Mitigation of Damages defense – when the plaintiff failed to use reasonable care to minimize damages following an injury.
Read More Appealing Interlocutory or Non-Final Orders
Interlocutory appeals can be difficult to win, but in the right case, they can help turn the tide and help lead to a good overall result to litigation.
Read More 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.
Read More 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.
Read More 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”).
Read More 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.
Read More 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.
Read More 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)
Read More 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.
Read More Court Issues Decision Clarifying Reasonableness of Expert Witness Fees
For many types of litigation, parties will need an expert or experts to either meet their burden of proof or to respond to an opposing party's claims and evidence.
Read More Medical Malpractice Act
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.
Read More 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.
Read More 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.
Read More 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.
Read More Medical Malpractice Claim
In this case, the Court of Appeals reversed the dismissal of a medical malpractice claim, finding that the trial court abused its discretion.
Read More 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.
Read More Medical Malpractice Complaint Filed with the Indiana Department of Insurance
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.
Read More 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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