ILNews

Justices accept 5 cases

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court has taken five cases, including one challenging the constitutionality of the state’s medical malpractice cap and a case on the reasonableness of hospital fees charged.

The justices granted transfer to:

-    Timothy W. Plank v. Community Hospitals of Indiana, Inc., State of Indiana, No. 49S04-1203-CT-135, in which the Indiana Court of Appeals concluded that Timothy Plank, whose wife died because of a missed medical diagnosis, is entitled to an evidentiary hearing as to whether the state’s statutory cap on medical malpractice awards is unconstitutional. Plank obtained an $8.5 million jury verdict against Community Hospital that was reduced to the statutory limit of $1.25 million.

-    Abby Allen and Walter Moore v. Clarian Health Partners, Inc., No. 49S02-1203-CT-140, in which the Indiana Court of Appeals reversed the dismissal of Abby Allen and Walter Moore’s complaint against Clarian Health Partners claiming the hospital breached its contract with them and other uninsured recipients by charging unreasonable fees after receiving medical treatment. The COA remanded the case for further proceedings.

-    National Wine & Spirits, Inc., National Wine & Spirits Corporation, NWS, Inc., NWS Michigan, Inc., and NWS, LLC v. Ernst & Young LLP, No. 49S02-1203-CT-137, in which the Indiana Court of Appeals reversed the grant of Ernst & Young’s second motion for summary judgment on National Wine & Spirits’ action for fraud and deception. Ernst & Young performed auditing services for National Wine & Spirits, and National Wine & Spirits claimed Ernst & Young was negligent in finding a National Wine & Spirits’ employee committed fraud and theft.

-    Miller Brewing Company v. Indiana Department of State Revenue, No. 49S10-1203-TA-136, in which the Indiana Tax Court ruled in Miller Brewer Co.’s favor as to whether sales to Indiana customers who hired common carriers to pick up alcohol at an Ohio facility should be included in the sales factor of Miller’s adjusted gross income tax and supplemental net income tax.

-    J.M. v. Review Board of the Indiana Dept. of Workforce Development and T.C., No. 93S02-1203-EX-138,  in which the Indiana Court of Appeals in a not-for-publication decision reversed the denial of benefits to J.M. The judges found that the review board’s determination that J.M. was discharged for just cause was contrary to law.

The justices also vacated transfer to State of Indiana v. Andy J. Velasquez, II, No. 53S05-1105-CR-280, which they had accepted in May 2011, and dismissed B.P. Products North America Inc., et al. v. Indiana Office of Utility Consumer Counselor, and Northern Ind. Pub. Service Co., No. 93A02-0905-EX-490. They denied transfer to 27 cases for the week ending March 2.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

ADVERTISEMENT