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FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC v. Meritain Health, Inc., et al.
18A-PL-1349
Civil plenary. Affirms the St. Joseph Superior Court’s award of summary judgement in favor of Meritain Health, Inc., Beacon Health System, Inc., Beacon Health System Group Benefit Plan, Beacon Health System Group Benefit Plan – Union Plan, University of Notre Dame Du Lac, University of Notre Dame CHA HMO Plan (Medical), University of Notre Dame Select HMO Plan (Medical), and University of Notre Dame PPO Plan (Medical). Finds breach of contract and promissory estoppel claims presented by FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC, are pre-empted under the Employee Retirement Income Security Act. Concludes summary judgment was properly awarded to the Beacon Health and Notre Dame plans.
State of Indiana v. Douglas Kirby
18A-PL-2334
Civil plenary. Reverses and remands the Howard Superior Court’s entry of declaratory judgment in favor of Douglas Kirby. Finds the unlawful-entry statute is not unconstitutional as applied to Kirby. Judge John G. Baker dissents in a separate opinion.
Mt. Helix Acquisitions, LLC v. Latanya Ashmore (mem. dec.)
18A-PL-1284
Civil plenary. Affirms Marion Superior Court’s review of a small claims matter awarding Mt. Helix Acquisitions, LLC’s former tenant Latanya Ashmore $2,700 upon finding her able to prove her damages for excessive electrical bills by a preponderance of the evidence. Reverses portions of the judgment awarding $5,000 for the loss of residence, homelessness, and hardship to the family accruing after Ashmore vacated the property, finding those elements of damages were not proved by a preponderance of the evidence.
In Re: The Marriage of: Mandana Khatibi-Entezari v. Joseph Entezari (mem. dec.)
18A-DR-1748
Domestic relation. Affirms the Hamilton Superior Court’s modification of child support in favor of father Joseph Entezari against mother Mandana Khatibi-Entezari. Finds the trial court did not err in finding father overpaid his child support obligations, among other things.
In the Matter of: M.T. and N.G., Children in Need of Services, A.D. (Mother) and D.G. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JC-2280
Juvenile CHINS. Reverses the Tippecanoe Superior Court’s adjudication of N.G. and M.T. as children in need of services. Finds the juveniles’ adjudication is erroneous. Remands with instructions to accept the proposed informal adjustment.
Adrian S. Aurs v. Brooke N. Aurs (mem. dec.)
18A-DR-2194
Domestic relation. Affirms the Marion Superior Court’s inclusion of Adrian Aurs’ monthly pension benefits in the marital estate in his dissolution of marriage from Brook Aurs. Finds the trial court did not abuse its discretion in including Adrian’s monthly pension benefit in the marital estate.
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