Indiana: Injuries in Sports Drills Are Judged in Light of Sport as a Whole

Indiana: Injuries in Sports Drills Are Judged in Light of Sport as a Whole

This week's discussion revisits the question of whether a sport participant's actions outside the scope of a drill are judged by the risks of the sport as a whole or through the lens of the drill.

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Indiana Court of Appeals Answers Issue of First Impression: Calculating Damages Under Wage Payment Act

Indiana Court of Appeals Answers Issue of First Impression: Calculating Damages Under Wage Payment Act

Court of Appeals of Indiana answers a case of first impression: whether "wages" due under the Indiana Wage Payment Act post-termination is the gross wages due to the employee or the net wages after tax deductions.

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Indiana Court of Appeals: When An Employee Heading Home May Trigger Respondeat Superior

Indiana Court of Appeals: When An Employee Heading Home May Trigger Respondeat Superior

This week we discuss the recent Court of Appeals of Indiana case Hudgins v. Bemish as a catalyst to discuss when an employer may be held liable for an employee using a work truck to drive home. We also look at the doctrines of negligent hiring and negligent entrustment.

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Indiana Rejoins Minority Permitting Negligent Hiring Claims Even Where Respondeat Superior is Admitted

Indiana Rejoins Minority Permitting Negligent Hiring Claims Even Where Respondeat Superior is Admitted

This week the Indiana Court of Appeals shifted gears, abandoning 40 years of caselaw in order to revitalize a 1907 decision from the Indiana Supreme Court allowing plaintiffs to simultaneously pursue claims for negligent hiring and vicarious liability.

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Indiana Tort Claim Notice: Substantial Compliance & Standard of Review

Indiana Tort Claim Notice: Substantial Compliance & Standard of Review

Today we look at the scenarios in which a claim can proceed despite not timely filing a notice of tort claim under the Indiana Tort Claims Act. We also look at the formerly puzzling question of the proper standard of review where a plaintiff's claim is tossed at summary judgment for failure to file an ITCA notice.

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Right of Contribution By One Jointly Settling Defendant Against Another

Right of Contribution By One Jointly Settling Defendant Against Another

In this installment we look at whether a broad release that references all parties prevents a defendant that pays the plaintiff the full settlement amount from seeking contribution from jointly liable defendants and whether the voluntary payment doctrine prohibits contribution.

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Can Indiana Department of Child Services Be Liable for Disclosing Confidential Identification Information?

Can Indiana Department of Child Services Be Liable for Disclosing Confidential Identification Information?

This week we examine whether a statute that makes the identity of persons reporting child abuse confidential can be used to hold the department of child services liable where it inadvertently discloses that information. We also examine whether there might be other ways to hold the DCS liable.

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Indiana Court Examines Whether Breach of Pedestrian Law is Contributory Negligence on Summary Judgment

Indiana Court Examines Whether Breach of Pedestrian Law is Contributory Negligence on Summary Judgment

This week we look at whether the violation of a statute designed to protect a pedestrian by requiring him to walk against the flow of traffic can constitute contributory negligence at summary judgment when the alternative would have been to cross a busy road without a crosswalk.

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Indiana: When Can an Employer be Liable for an Intentional Tort?

Indiana: When Can an Employer be Liable for an Intentional Tort?

This week's discussion focuses on when an employer can be held liable for the intentional and criminal actions of its employees. The case for discussion finds that an employer may be liable where a security guard shot a woman with whom he was romantically involved after an argument while he was on guard duty at an apartment complex.

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