Reversal: No excusable neglect by insurer in car crash suit
The Indiana Court of Appeals has reversed in a car crash case after finding a party in the suit should not have been granted a motion to set aside based on excusable neglect.
Court opinions
Articles
Reversal: US citizenship not required to obtain a name change
Citizenship in the United States is not required in order to obtain a name change, the Indiana Court of Appeals ruled Monday, reversing a trial court and ruling for two transgender men.
Involuntary commitment affirmed for woman walking in middle of highway
The Indiana Court of Appeals affirmed a Monroe County woman’s temporary mental health commitment at a Bloomington hospital after finding her schizophrenia made her dangerous to herself and gravely disabled.
Father’s molesting convictions once again affirmed in long-running appeal
An Indiana man who has been appealing for 10 years his convictions of molesting his daughter won no relief at the 7th Circuit Court of Appeals, which ruled Thursday that errors in his trial “did not produce a significant likelihood an innocent person was convicted.”
COA reinstates patient’s claims against hospital in HIPAA-related suit
A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed her medical records and then shared details with her husband after she noticed that the patient had “liked” a photo of her husband on Facebook.
Rochester woman appeals conviction in fatal school bus crash
An appeal filed by a Rochester woman convicted in a crash that killed three children who were crossing a highway to board a school bus contends the state did not present sufficient evidence that she was criminally reckless.
Opinions May 14, 2020
Indiana Court of Appeals
Frances L. Batchelder, Special Administrator of the Estate of John E. Batchelder, M.D., Deceased v. Indiana University Health Care Associates, INC, d/b/a IUHP
19A-CT-2569
Civil tort. Reverses the Marion Superior Court’s award of summary judgment in favor of Indiana University Health Care Associates, Inc., in the medical malpractice action brought by Frances Batchelder, special administrator of the estate of John E. Batchelder, M.D. Finds that by prematurely applying the $1.25 million setoff from a settlement with a third party to the statutory limit and offsetting the IUHP judgment to zero, without first determining the value of the estate’s case, the trial court denied the estate the potential full recovery to which the estate is legally entitled. Remands for proceedings.
Reversal: Paraplegic doctor’s estate denied full recovery in wrongful death suit
The estate of a deceased doctor was denied the full potential recovery it was entitled to after a hospital was awarded summary judgment in his wrongful death case, the Indiana Court of Appeals ruled Thursday.
Investigators’ interview tactics merit suppression, COA affirms
A prosecutor and detective who questioned a woman who was later charged in a child molesting investigation may not use any of her statements after she said wanted to be taken home, the Indiana Court of Appeals ruled Thursday, rejecting an appeal by the state.
Opinions May 13, 2020
Indiana Court of Appeals
Tiffany Abbott, Cathie Barnes, and Chandra Gray v. Individual Support Home Health Agency, Inc.
19A-PL-2367
Civil plenary. Reverses the Henry Circuit Court’s order denying the motion to dismiss the complaint filed by Tiffany Abbot, Cathie Barnes and Chandra Gray’s former employer, Individual Support Home Health Agency, Inc. Finds the women’s reports to the Indiana State Department of Health are protected by absolute privilege because the reports initiated a quasi-judicial proceeding. Finds the trial court erred when it denied their motion to dismiss Home Health’s complaint. Remands the case to the trial court with instructions to dismiss Home Health’s complaint.
Teen’s attempted murder reversal splits COA in first-impression case
Is the parent of a juvenile defendant waived to adult court “essential” to the presentation of that juvenile’s defense? The majority of a split Indiana Court of Appeals panel concluded the answer to that question was yes, despite a dissenting judge’s opinion.
Award of custody to father reversed after no findings support ruling
A court that awarded custody of an 8-year-old child to the father after a modification proceeding had no evidence that doing so was in the child’s best interests, the Indiana Court of Appeals ruled Wednesday, reversing the custody determination.
Appeals court tosses suit against nurses who blew whistle on ex-employer
Three former case managers for a home health care service provider won a reversal from the Indiana Court of Appeals after it concluded that reports they made to the Health Department against their employer are protected by absolute privilege because they initiated a quasi-judicial proceeding.
AG Hill’s 30-day suspension raises eligibility questions
For the first time in Indiana history, the elected attorney general has been suspended. But what the discipline means for Attorney General Curtis Hill remains to be seen.
Timbs civil forfeiture suit starts same as 7 years ago
It’s been seven years since Marion man Tyson Timbs lost his Land Rover to a law enforcement seizure, but the ensuing forfeiture litigation that has already made its way to the nation’s highest court is now heading into its second round of appeals.
Indiana Court Decisions – April 23–May 6, 2020
Read Indiana appellate decisions from the most recent reporting period.
Opinions May 12, 2020
The following Indiana Supreme Court opinion was posted after IL deadline on Monday.
FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC v. Meritain Health, Inc., et al.
20S-PL-302
Reverses grant of summary judgment in favor of Meritain Health, University of Notre Dame and Beacon Health. Finds the St. Joseph Superior Court erred in concluding FMS’s claims were preempted under the conflict-preemption provision of the Employment Retirement Income Security Act of 1974. Determines FMS’s state-law claims survive the two-pronged compete preemption test developed in Aetna Health, Inc. v. Davila, 542 U.S. 200, 210, (2004). Rules the precedent set in Midwest Security Life Insurance Co. v. Stroup, 730 N.E. 2d 163 (Ind. 2000) was misconstrued and that FMS’s claim does not involve ERISA but rather is about a provider’s rate of payment under a separate contract with a health insurance plan. Remands for further proceedings.
‘Narrow decision’ leads justices to reverse in health care payment dispute
A dialysis provider will have another chance to claim the money it believes it is owed after the Indiana Supreme Court pointed to its own precedent and found the trial court erred by entering summary judgment for the defendants.
Despite lost support, AG Hill seemingly pushes forward
Statewide political leaders, including Republican leaders, are withdrawing support of embattled Indiana Attorney General Curtis Hill, who next week begins a 30-day suspension for two ethics violations. But Hill so far has not indicated plans to step down from his role or leave the 2020 campaign trail once the suspension is over, even though his competition may be growing.
Fishers couple’s reconviction in toddler’s daycare death affirmed
The involuntary manslaughter conviction of a Fishers couple after a retrial over the death of a toddler at their home daycare facility has been upheld by a divided panel of the Indiana Court of Appeals.