In this installment we look at the role of a class action representative through the 7th Circuit case Phillips v. Asset Acceptance, LLC authored by Judge Richard Posner in which the court of appeals reversed the denial of class certification stemming from the impermissible attempt to collect debts after the expiration of the applicable statute of limitation.
Hoosier Litigation Blog by Pavlack Law, LLC
This week's discussion focuses on the recent Indiana Court of Appeals case that found: (1) a Rule 12(C) motion in appropriate to determine class action allegations, (2) collection of late-fees are part of the "usual leasing services" of a property manager, and (3) that a property manager expressly acting as the agent of a property owner does not collect rent and fees for its own behalf.
This week's discussion focuses on the question of what cases are governed by the Medical Malpractice Act. The answer is not always as easy as you might think and the Indiana Court of Appeals case B.R. v. State of Indiana provides a great example along with a discussion of how the line is drawn.
This week's discussion looks back at a Seventh Circuit Court of Appeals decision from the end of October that rejected the proposition that the absence of an OSHA regulation requiring showering and changing of clothing by foundry workers meant that it was not required by the nature of the work. The case also advances a position of the Seventh Circuit against courts trying to handle complexity through simplified means.
Indiana Supreme Court Determines “Sporty Car at a Great Value Price” Does Not Mean “It is Safe to Operate”
This week's discussion focuses on the puffery defense and the Indiana Supreme Court's partial reversal in the case of Kesling v. Hubler Nissan, Inc. thereby finding that "Sporty Car at a Great Value Price" was mere puffery and cannot be read to mean that the car was "safe to operate."
This week's discussion focuses on the interpretation of the American Institute of Architects (AIA) standard construction contract by the Indiana Court of Appeals in the recent case Allen County Public Library v. Shambaugh & Sons, L.P. The court held that the waiver of subrogation and requirement of insurance provisions do not apply to damages to the surrounding area around the construction site.
Indiana Court Clarifies Rights of Volunteer to Bring Claim Outside of Worker’s Compensation & Reach of Equine Activity Statute
This week we examine the issues of whether a volunteer who accepts medical benefits under a worker's compensation policy is bound to the Indiana Worker's Compensation Act for exclusive recovery. We also examine the Indiana Equine Activity Statute and the ability to bring a negligence claim for injuries caused by a horse. The discussions are conducted through the context of this week's Indiana Court of Appeals decision in Einhorn v. Johnson.
This week's post takes a look at the Seventh Circuit's recent decision in Addison Automatics, Inc. v. Hartford Casualty. Ins. Co. that sheds some light on the boundaries of the Class Action Fairness Act (CAFA), but does so by utilizing a mechanism that left your author questioning the wisdom of the specific procedural result.
This week's discussion focuses on the concept of strict liability for unreasonably dangerous activities as seen through the Indiana Court of Appeals case Fechtman v.s U.S. Steel Corp. that held the dumping of carbon monoxide as a byproduct of steelmaking is not an unreasonably dangerous activity for the purposes of strict liability.
This week's discussion focuses on the recent Indiana Court of Appeals decision Anyonymous, M.D. v. Hendricks that found an arbitration provision enforceable despite the unavailability of the designated forum for arbitration. The discussion also examines the concept of unconscionability to defeat application of an arbitration provision under Indiana law.