Articles

Divided Supreme Court declines to take med mal case

The Indiana Supreme Court by a vote of 3-2 decided this week to not take the case of a man who sued for medical malpractice those who treated his now-deceased wife. The lower court and Court of Appeals found no existence of a physician-patient relationship between the on-call hospital specialist and the wife, the issue that caused two justices to dissent.

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Justices adopt ‘any insurance’ approach in subrogation dispute

Deciding an issue of first impression stemming from a fire that heavily damaged the Jefferson County courthouse in 2009, the Indiana Supreme Court on Wednesday decided Indiana should follow the “any insurance” approach in deciding when property owners waive subrogation rights in certain cases. In doing so, the justices rejected the “work versus non-work” approach that the Court of Appeals has used.

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Man not entitled to separate molestation trials, justices hold

The Indiana Supreme Court on Tuesday rejected a man’s argument that he was entitled to three separate trials on the allegations he molested his three granddaughters. In doing so, two justices said they believe the Supreme Court needs to give more guidance on motions to sever.

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Justices affirm upward deviation from child support guidelines

A trial court did not commit clear error when it deviated from the Indiana Child Support Guidelines by not granting a father the full parenting time credit calculated and allowed his ex-wife to claim their child each year on her taxes, the Indiana Supreme Court ruled Tuesday. The justices also outlined the best practices to be used when a trial court conducts summary proceedings.

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8 apply to be next COA judge

The Indiana Supreme Court released the names of the eight people who want to replace Court of Appeals Judge Ezra Friedlander after he retires from the bench in August.

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Justices affirm LWOP sentence, admission of suicide note

A southern Indiana man challenging his robbery and murder convictions and sentence to spend the rest of his life in prison lost his appeal before the Indiana Supreme Court Thursday. The justices rejected the man’s claim that his sentence should be reduced to a term of years.

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Justices rule in favor of Anthem in excess insurance disputes

Anthem Inc. is entitled to its costs of settling litigation in which the insurance giant was accused of improperly handling claims, the Indiana Supreme Court ruled Wednesday. The reinsurance companies argued that coverage was barred based on the excess insurance policies.

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Justices add 2 foreclosure cases to docket

A challenge to a foreclosure judgment against a bank that was reinstated by a divided Court of Appeals panel will be heard by the Indiana Supreme Court. Justices granted transfer in two mortgage foreclosure cases last week.

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Divided court lets stand suppression of pat-down evidence

Three of Indiana’s five Supreme Court justices vacated transfer on a suppression-of-evidence case, letting stand a divided Court of Appeals ruling that a trial court abused its discretion by admitting evidence obtained in a questionable pat-down search.

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