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Hoosier Litigation Blog by Pavlack Law, LLC

7th Circuit (Posner) Examines CAFA Amount in Controversy in Light of Knowles & Rooker-Feldman Doctrine

Apr 11, 2014 @ 09:36 PM — by epavlack

This week we look at the Seventh Circuit (Posner) decision in Johnson v. Pushpin Holdings, LLC that examined whether a named plaintiff in a class action could stipulate to limit damages recovery to below the $5 million threshold requirement for federal jurisdiction under the Class Action Fairness Act (CAFA). The case also, briefly, stepped into the realm of examining the Rooker-Feldman doctrine that bars review of a state court decision by a federal court other than the Supreme Court and how that might apply to removal under the CAFA.

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7th Circuit: Impact of Defendant’s Exposure on Rule 23(f) Class Cert Appeal & Novel Issues of the TCPA

Apr 4, 2014 @ 09:50 PM — by epavlack

This week's discussion focuses on a decision out of the Seventh Circuit by noted jurist Hon. Richard Posner that examines the impact of the magnitude of a defendant's liability on the determination of whether to exercise Rule 23(f) to permit an interlocutory appeal of class certification. The case also discusses numerous novel issues of the Telephone Consumer Protection Act (TCPA).

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Seventh Circuit (Posner) Weighs in on Contractual Indemnification After Settlement of Underlying Injury Suit

Mar 14, 2014 @ 09:58 PM — by epavlack

This is the fourth installment of the day commemorating the 100th post authored for the Hoosier Litigation Blog by Colin E. Flora. This post examines the Seventh Circuit decision in Krien v. Harsco Corp., in which Judge Posner examined the roll of a settlement in an underlying personal injury case upon the ability for a defendant to file a third-party claim for indemnification.

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Judge Posner Tears Into ‘Frivolous’ Appeal of Contempt Order

Mar 14, 2014 @ 09:42 PM — by epavlack

This installment looks at the decision from the Seventh Circuit this week that has drawn a great deal more attention for the tone directed at the frivolous nature of the appeal than the substance of the decision. In our third post of the day, we look at the decision in Central States, Southeast & Southwest Areas Health & Welfare Fund v. Lewis, described by the folks at Above the Law as a "benchslap" by Judge Posner.

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Seventh Circuit Examines Standing for Class Rep and Departs from 3rd 8th Circuits on FDCPA Interpretation

Mar 14, 2014 @ 09:28 PM — by epavlack

This second installment on the day addresses the Seventh Circuit decision in McMahon v. LVNV Funding, LLC, which held for the first time – in direct opposition to the Third and Eighth Circuits – that a letter attempting to collect a time-barred debt does not need to threaten litigation to be actionable under the Fair Debt Collection Practices Act (FDCPA). The case also examined the issue of when a named-plaintiff in a putative class action case has his individual claim rendered moot by offer of settlement.

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Indiana Supreme Court Analyzes Whether Workers’ Compensation Applies to Diminish UIM Calculation

Mar 14, 2014 @ 09:14 PM — by epavlack

This installment is the 100th by author Colin E. Flora for the Hoosier Litigation Blog. It is also, in honor of the big one double-o mark, the first of four on the day. This post focuses on the Indinaa Supreme Court's decision in Justice v. American Family Mutual Insurance Company, holding that using workers' compensation proceeds to calculate underinsured motorist (UIM) insurance coverage violates Indiana UIM statute.

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Indiana Supreme Court Examines Ability to Use Third-Party Carrier to File Medical Malpractice Case

Mar 12, 2014 @ 06:18 PM — by epavlack

Today we revisit a prior discussion of the case Moryl v. Ransone which progressed to the Indiana Supreme Court and answers the question of whether, despite the Indiana Medical Malpractice Act not listing a third-party carrier as an accepted method for filing a malpractice complaint that would toll the statute of limitations, a medical malpractice plaintiff could file a complaint using FedEx.

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Indiana Appellate Decision Seems to Signal Major Change in Civil Action Under Ind. Crime Victim’s Relief Act

Mar 7, 2014 @ 11:28 PM — by epavlack

This week we revisit the Indiana Crime Victim's Relief Act and a surprising decision by the Indiana Court of Appeals that seems to have signaled a monumental change to the CVRA.

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Indiana Court of Appeals Addresses Right to Appeal Denial of Motion to Dissolve a Preliminary Injunction

Feb 28, 2014 @ 10:08 PM — by epavlack

This week we look at the difference between appeals from interlocutory orders and final judgments. We also look specifically at an Indiana Court of Appeals decision this week – Kindred v. Townsend – that addressed the scope of when a motion to dissolve a preliminary injunction can be taken up on appeal as a matter of right.

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Indiana Supreme Court Examines Civil Liability of Fraternity and University for Hazing

Feb 15, 2014 @ 12:36 AM — by epavlack

This week's discussion returns to the issue of fraternity and university liability for hazing through the Indiana Supreme Court decision Yost v. Wabash College finding a local fraternity chapter could be liable for injuries resulting from hazing.

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