Trial court erred in vacating its order for arbitration, because the arbitration clause in the parties’ contract was not terminated by one party’s bankruptcy discharge.
Green Tree Servicing, LLC v. Brough, No. 88A01-0911-CV-550, ___ N.E.2d ___ (Ind. Ct. App., July 26, 2010)
Mother who suffered a stillbirth due to medical malpractice qualified as an injured patient and satisfied the actual victim requirement under the Medical Malpractice Act regardless of whether the malpractice resulted in injuries to the mother, the fetus, or both, and Parents may assert a claim for negligent infliction of emotional distress under the modified impact rule.
Trial court had the ability to consider simultaneously both the CHINS action and the Foster Parents’ petition to adopt Child; trial court erred, however, when it determined that DCS’s withholding of consent to the adoption was not in Child’s best interest.
When two controlled substance possession counts alleged possession of different commercial drugs, Vicodin and Anexsia, when each drug contained the same controlled substance, dihydrocodeinon, there could be only one conviction of possession of a controlled substance.
Resisting efforts of several police officers to make an arrest was a single offense, not three, of resisting law enforcement, so that there was no need for a “unanimity” instruction requiring jurors to agree that a particular officer’s efforts were resisted.