Ind. Patient’s Comp. Fund V. Brown, No. 49S02-1106-CT-388, __ N.E.2d __ (Ind., June 29, 2011)

Under the Indiana Adult Wrongful Death Statute (“AWDS”), Ind. Code § 34-23-1-2, judgment can include expenses of administration, contingent attorney fees, and loss of services.

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Mccabe V. Comm’r Ind. Dept of Ins., No. 49S02-1010-CV-602, __ N.E.2d __ (Ind., June 29, 2011)

Attorney fees can be recovered under the Indiana Adult Wrongful Death Statute (“AWDS”), Ind. Code § 34-23-1-2.

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Hematology-Oncology of Ind., P.C. V. Fruits, No. 49S05-1106-CV-387, __ N.E.2d __ (Ind., June 29, 2011)

Litigation expenses can be recovered under the Indiana Adult Wrongful Death Statute (“AWDS”), Ind. Code § 34-23-1-2.

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Citizens State Bank of New Castle V. Countrywide Home Loans, Inc., No. 76S03-1009-CV-515, __ N.E.2d __ (Ind., June 29, 2011)

Strict foreclosure is a mechanism to place before the court the question of whether the doctrine of merger should be enforced, but “’[w]hether the conveyance of the fee to the mortgagee results in a merger of the mortgage and the fee depends primarily upon the intention of the parties, particularly that of the mortgagee.’”

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Cartwright v. State, No. 82A01-1005-CR-214, __ N.E.2D __ (Ind. Ct. App., June 22, 2011)

Finds the State’s four race-neutral reasons for peremptory challenge to only African-American venireperson to have been pretextual because the trial judge made no finding which of the four reasons it relied on to reject the Batson challenge and because the State failed to “develop anything beyond the most superficial of records regarding its reasons.”

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