Court of Appeals of IndianaHearing oral argument at

Ivy Tech Community College Indianapolis, IN

Tuesday, October 16 @ 10:00 a.m.

Indiana University Health Southern Indiana Physicians, Inc., et al.

v. Charlene Noel

18A-CT-01299

On appeal from theMarion Superior Court

SYNOPSIS

This is an interlocutory appeal of the denial of defendants’ motion for transfer of venue. Plaintiff filed her medical malpractice action in Marion County where the defendants’ only connection to that county was the address of a defendant’s registered agent. Defendants moved to transfer venue to Lawrence County as a county of preferred venue. Appellee/Plaintiff has asked for oral argument because the recent enactment of I.C. § 23-0.5-4-12 has createdconfusion regarding themeaning of the term“principal office” as usedin T.R. 75(A)(4) and hasled to inconsistentdecisions at the trial courtlevel. The Defense TrialCounsel of Indiana and theIndiana Trial LawyersAssociation have filedamicus briefs.

Bradford continued from p. 3and his J.D. from the McKinney School of Law-Indianapolis in 1986. He is the Court of Appeals’ liaison to the Indiana Judges Criminal Instructions Committee, which provides guidance to judges on jury instructions in criminal cases, and a former member of both the Indiana Judges Criminal Policy Committee and the Board of Directors of the Indiana State Judicial Conference. He is Chair of the Indiana Pro Bono Commission; a member of the Indiana Bar Foundation and McKinney School of Law Alumni Association Boards; a Senior Distinguished Fellow of the Indianapolis Bar Association; and teaches at various seminars on a variety of legal topics. From 2005 to 2007, Judge Bradford hosted “Off the Bench with Judge Cale Bradford,” a legal commentary program on Marion County’s government access network. He also served on the Judicial Technology and Automation Committee (JTAC), helping to draft the state judiciary’s policies on technology and electronic case management. Judge Bradford currently serves as an adjunct instructor in forensic science and the law at Indiana University Purdue University Indianapolis. Judge Bradford is a former director of Indianapolis’s John P. Craine House, a residential alternative to incarceration for women offenders with pre-school-aged children. Judge Bradford regularly attends St. Luke’s United Methodist Church. He and his wife, a full-day kindergarten teacher, have five children.

Altice continued from p. 3 Judge Altice also served as chair of the Marion Superior Court Criminal Term from 2005-2007, as a member of the Executive Committee for the Marion Superior Court from 2007-2009, and as Presiding Judge of the Marion Superior Court from 2009 to 2011.Judge Altice moved to the civil division of the Marion Superior Court in 2013 and was appointed chair of the Marion Superior Court Civil Term in January 2015. Throughout his judicial career, Judge Altice has held leadership roles in organizations that improve the administration of justice. He accepted special assignments from the Indiana Supreme Court on the Judicial Performance Task Force and the Cameras in the Courtroom project, which allowed cameras in certain courtrooms under limited conditions. The Duval Work Release Center was built and opened during his tenure on the Marion County Community Corrections Advisory Board. Judge Altice is a member of the Indiana Judges Association, the Indiana State Bar Association, and the Indianapolis Bar Association. In April 2015, Judge Altice was appointed to serve on an ad hoc Indiana Tax Court Advisory Task Force. His community activities include prior service on the Board of Directors of these organizations: Indianapolis Police Athletic League; the Martin Luther King Community Development Corp.; and Coburn Place Safe Haven, a transitional housing facility for domestic abuse victims. He has presented on legal and ethical issues for the Indiana Continuing Legal Education Forum, the Indiana Judicial Center, and various Indiana bar associations. In his spare time, he enjoys gardening, golf and reading. He and his wife, Kris, an attorney who is General Counsel for Shiel Sexton, have two adult children.

Tavitas continued from p. 3member for Indiana Legal Services, Inc. She was elected as a board member of the Notre Dame Law School Association Board in 2010. She served as a judicial appointee member of the Indiana Supreme Court Domestic Relations Committee from 2012 through 2018 and now serves on the Civil Instructions Committee. Judge Tavitas is an active member of several national, state, and local bar associations. She has served as a moot court judge for the Notre Dame Law School Trial Advocacy Program, and as a judge for the "We the People" Program sponsored by the Indiana State Bar Association. She was named Most Influential Woman of Northwest Indiana in the Law in 2015. She is a frequent speaker for lawyers, judges, and court staff trainings throughout Indiana. Her favorite activities include spending time with her three children and her granddaughter. She enjoys reading, Notre Dame football games, traveling, hiking, and the arts.

Court of Appeals Mission Statement“To serve all people by providing equal justice under law”

Today’s Panel of Judges

The Honorable Elizabeth F. Tavitas

Lake County

The Honorable Cale J. Bradford

Marion County

The Honorable Robert R. Altice

Marion County

Cale J. Bradford, was appointed to the Court of Appeals by Governor Mitch Daniels and took his seat on August 1, 2007. Prior to his elevation to the Court of Appeals, Judge Bradford served for more than 10 years as Judge of the Marion Superior Court, seven years in the criminal division and three in the civil division. He was twice elected presiding judge by his colleagues. During this tenure, Judge Bradford chaired the Marion County Criminal Justice Planning Council, a group of local elected and appointed officials who recommended ways to improve the county’s response to criminal justice problems, including jail overcrowding, staffing, and budget issues. His efforts led to the end of 30 years of federal oversight of the Marion County Jail and to security improvements at the county’s Juvenile Detention Center. Before joining the bench, Judge Bradford served in the Marion County Prosecutor’s Office for two years, overseeing a staff of more than 100 attorneys. For five years, he was an Assistant United States Attorney for the Southern District of Indiana, prosecuting major felony drug trafficking cases. He engaged in the private practice of law from 1986 to 1991, and served as both a deputy prosecutor and public defender during his career. A native of Indianapolis, Judge Bradford received a B.A. in labor relations and personnel management from Indiana University-Bloomington in 1982 continued on p. 4

Robert R. Altice, Jr., was appointed to the Court of Appeals by Gov. Mike Pence and began his service on Sept. 2, 2015. Judge Altice earned his undergraduate degree from Miami University, Oxford, OH, a master’s degree in criminal justice administration from the University of Central Missouri, and his law degree from the University of Missouri-Kansas City School of Law. Judge Altice began his career handling felony cases as a deputy prosecutor in Jackson County, MO, before being promoted to Chief Deputy Prosecutor for the Drug Unit. He then practiced with a Kansas City civil law firm, focusing on medical malpractice defense. After moving to Indianapolis, he concentrated on insurance defense in private practice. Judge Altice returned to prosecution in 1994, handling a major felony caseload as a deputy prosecutor for the Marion County Prosecutor’s Office. He served as Chief of the Felony Division from 1997-2000, trying more than 100 major felony jury trials, including 25 murder cases. While serving briefly as the Office’s Chief Counsel, he helped amend Indiana laws on domestic battery and possession of firearms by violent felons. Judge Altice was elected to the Marion County bench in 2000. As judge of Marion Superior Court, Criminal Division 2 from 2001-2012, he presided at 250 major felony jury trials, including 75 murder trials (seven death penalty cases).continued on p. 4

Elizabeth F. Tavitas, was appointed to the Court of Appeals by Governor Eric Holcomb and began her service on Aug. 6, 2018. Judge Tavitas received her B.A. degree, cum laude, from the University of Notre Dame in 1985, and earned her J.D. degree from the Notre Dame Law School in 1990. She was admitted to the Indiana Bar; United States District Court, Northern District of Indiana; and United States District Court, Southern District of Indiana in 1990. She is a 2007 Indiana Judicial College graduate and a graduate of the 2012 Indiana Graduate Program for Judges. Prior to her appointment to the Court of Appeals, Judge Tavitas served for more than 12 years as Judge of the Superior Court of Lake County, Civil Division. Judge Tavitas served as a deputy prosecutor in the Lake County Prosecutor's Office; served as a juvenile public defender in the Lake Superior Court, Juvenile Division; and also maintained a private practice. In 1998, she was appointed to the position of referee in the Lake Superior Court, Juvenile Division, where she served until 2006. During that time, Judge Tavitas served on the Juvenile Benchbook Committee. She served as Chair of the NWI Volunteer Lawyers, Inc. from 2007 through 2012, and currently continues to serve as a board member. She previously served as a judicial appointee member of the Indiana Pro Bono Commission from 2007 through 2012. From 2009 through 2013, she served as a board continued on p. 4

Attorneys For The PartiesAppellant AttorneyJim Whitlatch is a partner working in the areas of health care law, employment and labor law, business entities, and civil litigation. He practices in all facets of health law and employment law, handling medical malpractice defense, hospital and health care law, planning (HIPAA, STARK, EMTALA), fraud and abuse, contracts, joint ventures, tax exemption, peer review, and physician and hospital practices. In employment and labor law, Jim has represented employers before the EEOC, Indiana Civil Rights Commission and Bloomington Human Rights Commission as well as in state and federal court. He has represented employers in labor relation, union and strike related issues. He also assists in the formation, counseling and planning for business entities such as corporations, LLCs, partnerships and not-for-profit tax exempt entities. Jim has tried cases in state and federal court and has argued before the Indiana Court of Appeals, the Indiana Supreme Court and the Seventh Circuit Court of appeals. Jim has been an adjunct faculty member at Indiana University since 1989, teaching “Legal Aspects of Health Care”. He has served as the Chair of the ISBA Health Law section and as a member of the American Health Lawyers Association. He has been a speaker and author for continuing education seminars for lawyers and other professionals on a variety of topics and has contributed to articles and publications in the health care field. Jim is actively involved in the Bloomington community, and serves or has served on the Board of Directors for numerous organizations, including Bloomington Chamber of Commerce (Past Chair), Community Foundation of Bloomington and Monroe County, Inc. (Past Chair), Bloomington Economic Development Corporation, and Monroe County United Ministries (Past President). In addition, Jim is a member and has served on the Board of Trustees of First United Methodist Church.

Appellee AttorneysSara Langer brings to Langer & Langer an insatiable desire to succeed, as well as an insurmountable sense of advocacy on behalf of those who have been victimized by others.Following in her father Steven’s footsteps, the law has always been part of Sara’s life. Admiring his work ethic, she saw how he has been able to help people during very difficult times, and she strives to bring that passion to her own practice. Sara earned her undergraduate degree in criminal justice and sociology at IU, where she graduated with honors. She continued on in Bloomington and earned her J.D. from Indiana University’s Maurer School of Law, where she ranked in the top 10 percent of her class and graduated magna cum laude. Additionally, she had an externship with Chief Justice Loretta Rush of the Indiana Supreme Court. Sara is also passionate about animals. While at Maurer School of Law, she was president and member of the IU Student Animal Legal Defense Fund, an organization dedicated to providing an outlet for education and advocacy in protecting and preserving the interests of animals. Sara is also a long-time equestrian, participating in Eventing competitions and owning two horses. Sara is admitted to practice in Indiana in the Northern and Southern Districts. A life-long Valparaiso resident, Sara continues to live in the area.

Diana Bauer has practiced law in Fort Wayne, Indiana since 1987 and founded Bauer Legal LLC in 2015. She focuses her practice in the areas of complex civil litigation and appellate law. She has more than 75 published appellate opinions from the Seventh Circuit Court of Appeals, the Indiana Supreme Court and the Indiana Court of Appeals. She is also a certified civil mediator.

About the Court of AppealsAs the second-highest court in Indiana, the Court of Appeals hears appeals from the state’s trial courts and some state agencies. The Court does not preside over trials and must accept all appeals sent to it, with the exception of:

• Cases in which the death penalty or life-without-parole is rendered (appealed directly to the IndianaSupreme Court);

• Cases in which statutes are declared unconstitutional by a trial court (automatically appealed to theSupreme Court);

• Attorney disciplinary cases (which also go to the Supreme Court); and,• Cases involving taxation (which go to the Indiana Tax Court).

As a result, the 15 members of the Court issue approximately 2,000 written opinions each year. A decision of the Court of Appeals of Indiana is final unless granted further review by the Indiana Supreme Court.

The Court hears cases only in three-judge panels. All panels have statewide jurisdiction and rotate three times per year. Cases are randomly assigned. In addition, there is no deadline for the Court to reach a decision in each case; however, the Court strives to issue decisions within four months of receiving an appeal. Opinions are often issued earlier.