Hoosier Litigation Blog by Pavlack Law, LLC

In this week's post, we take a look at the recent Seventh Circuit case Judson Atkinson Candies, Inc. v. Kenray Associates, Inc. that held that parol evidence could be used to prove fraud in the inducement of a contract – a settlement agreement and covenant not to execute – even though the contract contained an integration clause. The decision reversed a trial court decision holding that parol evidence could only be used to show that the integration clause itself was the product of fraud.

In this installment we look at the recent Indiana Supreme Court decision in City of Indianapolis v. Buschman, which found that a tort claim notice was not defective so as to bar a claim for personal injuries despite specifically stating that there were "No injuries."

This installment of the Hoosier Litigation Blog provides a discussion of the Supreme Court's recent use of Comcast Corp. v. Behrend to vacate class certification in a number of cases including the Seventh Circuit's decision in Butler v. Sears.

This week we discuss the 7th Circuit decision SAMS Hotel Group, LLC v. Environs, Inc. which found that, at least between two sophisticated parties, a liability cap in a contract dispute is enforceable even without specifying its application to defendant's own negligence. The result capped the claim at $70,000 and prevented the plaintiff from seeking the full $4.2 Million in damages.

This week's post explores last week's Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision signals for future cases before the Indiana Supreme Court.

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family Mutual Insurance Company, a successor case to Key v. Hamilton.

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of Insurance using a third-party carrier.

In this installment we discuss the prospect of the impact upon personal injury law based upon the results of a new study finding that physical pain and emotional pain can be distinguished by brain scan.

This week we discuss the doctrine of respondeat superior and its application to extend liability to an employer for the actions of its employee that fall “within the scope of employment.”

Pavlack Law scored a major victory for two of our clients yesterday in the Indiana Court of Appeals. The decision in Urbina v. A Bond of Life Adoptions, LLC was not only a phenomenal decision due to its thoughtfulness and wisdom but because it now means that the Urbinas will be able to progress their case forward after having been erroneously dismissed.”