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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were posted after IL’s deadline Thursday:
Indiana Supreme Court
Linda Gierek and Stephen Gierek, on behalf of themselves and all others similarly situated, et al. v. Anonymous 1, Anonymous 2, and Anonymous 3, et al. and Amy L. Beard, Commissioner of the Indiana Department of Insurance
23S-CT-277
Civil tort. Affirms the Elkhart Superior Court Judge Stephen Bowers’ ruling that that the Indiana Medical Malpractice Act applies to the patients’ claims in a class-action lawsuit filed against anonymous defendants. Reverses the trial court’s denial of the patients’ motion for class certification. Finds that the MMA covers all claims for medical “malpractice” (as that term is defined) and is not limited to claims involving only bodily injury or death. Also finds that the trial court had jurisdiction to preliminarily determine class certification. Remands for the trial court to consider the plaintiffs’ motion for class certification. Justice Geoffrey Slaughter concurs in the judgment in part and dissents in part with a separate opinion in which Justice Derek Molter joins. Attorneys for appellants: Eric Pavlack, Colin Flora. Attorneys for appellees: James Hough, Alyssa Stamatakos.
In Re: The Adoption of P.J.W., J.D. and M.D. v. R.W.
24S-AD-117
Adoption. Reverses Montgomery Superior Court Judge Daniel Petrie’s order that adoption was not in P.J.W’s best interest because of J.D. and M.D.’s advanced ages and biological father R.W.’s purported rehabilitation. Finds that the trial court based its best-interest determination on an erroneous legal conclusion that it is “inherently” in child’s best interest to be raised by a biological parent. Remands with instructions to consider the grandparents’ advanced ages in light of ability under Indiana Code subsection 31-19-11-1(a)(2) and to conduct a new best-interest determination using the proper legal standard. Attorneys for appellants: Robert Reimondo, Denise Hayden. Attorneys for appellee: Jon Laramore, Megan Stuart.
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