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Hoosier Litigation Blog by Pavlack Law, LLC

Discoverability of Documents in Insurance Bad Faith Claims

May 17, 2013 @ 09:54 PM — by epavlack

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.

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Indiana Medical Malpractice Filing Using Third-Party Carrier

May 9, 2013 @ 04:37 PM — by epavlack

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.

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How New Medical Research May Impact Emotional Distress Claims

May 7, 2013 @ 03:53 PM — by epavlack

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.

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Employer Liability: Respondeat Superior Doctrine

Apr 26, 2013 @ 09:21 PM — by epavlack

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.

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Pavlack Law Scores Appellate Victory for Clients: Urbina v. A Bond of Life Adoptions, LLC

Apr 26, 2013 @ 06:56 PM — by epavlack

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.

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7th Circuit Holds Expert Testimony Based on Aspirational Industry Guidelines Admissible

Apr 19, 2013 @ 10:34 PM — by epavlack

This week we discuss the recent 7th Circuit decision in Lees v. Carthage College that found an expert's testimony based in large part upon aspirational industry guidelines that are not the “community standards.

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Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

Apr 12, 2013 @ 06:21 PM — by epavlack

This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history.

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Damages Pt. 13 – Sentimental Value in Personal Property

Apr 6, 2013 @ 11:06 PM — by epavlack

This week we reopen our Damages series with a thirteenth installment to discuss the availability of sentimental value damages for the loss of items of personal property. We examine both the general rule that such damages are not available and the Indiana decision that have found such recovery permissible in certain circumstances.

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Doctrine of Successor Liability: 7th Circuit Expands Federal Standard to FLSA Claim Context

Mar 29, 2013 @ 07:49 PM — by epavlack

This week we examine the doctrine of successor liability through the 7th Circuits decision to expand application of the federal standard to Fair Labor Standards Act (FLSA) cases through the Teed v. Thomas & Betts Power Solutions, L.L.C. decision.

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Pavlack Law Spearheads Class Action by HHGregg Employees

Mar 26, 2013 @ 12:30 PM — by epavlack

Pavlack Law, LLC has filed a class action complaint on behalf of current and former HHGregg employees who were entitled to incentive payments based upon the company's FY2012 EBITDA where the company inaccurately utilized "Adjusted" EBITDA instead.

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