Indiana Trial Rule 13(J): Now More Cloudy Than Ever

by: Colin E. Flora        In early American jurisprudence, the judicial system was divided among courts of equity and courts of law. In the most simple of terms, courts of law were embodied with the singular power in civil … Continue reading

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7th Circuit Rejects Heightened Ascertainability Requirement in Consumer Class Actions Signaled in Carrera v. Bayer Corp. (3d Cir. 2013)

by: Colin E. Flora        As loyal readers of the Hoosier Litigation Blog know, when the Seventh Circuit hands down a meaningful class action decision, we almost certainly will dedicate a post to it. This week provided such a … Continue reading

Posted in Carrera v. Bayer Corp., Civil Procedure, Class Action, Federal Cases, Judge David Hamilton, Mullins v. Direct Digital LLC, Seventh Circuit, Third Circuit | Comments Off

7th Circuit Weighs in on Crucial Standing Issue in Cyberattack Cases

by: Colin E. Flora        Earlier this year, Anthem Blue Cross Blue Shield was target of a cyberattack that exposed information on tens of millions of its customers. Following the attack, lawyers from across the country jockeyed for position … Continue reading

Posted in Chief Judge Diane Wood, Civil Procedure, Clapper v. Amnesty International USA, Class Action, Courts, cybersecurity, Federal Cases, Federal Law, In re Adobe Systems Inc. Privacy Litigation, Judge Lucy Koh, Northern District of California, Other State Cases, Remjias v. Neiman Marcus Group, Seventh Circuit, Spokeo Inc. v. Robins, Standing, Subject Matter Jurisdiction, Summers v. Tice, Supreme Court of the United States | Comments Off

Indiana: Failure to Wear Seatbelt Not Admissible in Personal Injury Case

by: Colin E. Flora        Last week, the Court of Appeals of Indiana handed down an insightful decision addressing whether evidence showing that a person injured in an automobile accident had not been wearing a seatbelt could be admissible … Continue reading

Posted in Automobile Accident, Bowles v. Tatom, Bowman v. State, Cases from Other States, City of Fort Wayne v. Parrish, Civil Procedure, Comparative Fault, Contributory Negligence, Doe v. Oberweis Dairy, Duty to Mitigate Damages, Indiana Comparative Fault Act, Indiana Court of Appeals, Indiana Law, Indiana Seatbelt Act, Judge Margret Robb, Judge Richard A. Posner, Judge Rudolph R. Pyle III, Lewis v. Smith, Negligence, Personal Injury, Rhinebarger v. Mummert, Spier v. Barker, Willis v. Westerfield | Comments Off

Indiana Supreme Court Issues Rare Decision Addressing Pro Hac Vice Admission in Indiana

by: Colin E. Flora        This week’s topic is one familiar to practitioners, but quite unfamiliar to those outside the practice. Today, we discuss pro hac vice admission. First things first, what does pro hac vice mean? Looking to … Continue reading

Posted in Appellate Procedure, Civil Procedure, In re Fletcher, Indiana Admission and Discipline Rule 3(2), Indiana Appellate Rule 14, Indiana Court of Appeals, Indiana Supreme Court, Judge Elaine B. Brown, Pro Hac Vice Admission, Professional Laminate & Millwork Inc. v. B & R Enterprises, YTC Dream Homes Inc. v. DirectBuy Inc. | Comments Off

When Appeals Go Bad: Attorney’s Fees for Frivolous Appeals in Indiana

by: Colin E. Flora         Any attorney who has practiced appellate law has encountered occasions in which he or she thinks the opposing side’s posture is so utterly absurd as to merit sanctions as frivolous. Despite the inevitable … Continue reading

Posted in Appellate Procedure, Civil Procedure, Indiana Appellate Rule 66(E), Indiana Court of Appeals, Indiana Law, Judge Terry A. Crone, Wagler v. Western Boggs Sewer District | Comments Off

What Happens on Appeal When Trial Court Dismisses Case Without Deciding All Issues: Competing Fields of Thought?

by: Colin E. Flora         Today, the Indiana Court of Appeals handed down a decision that touched upon an interesting, but technical procedural issue that I’ve seen addressed in two different ways in the span of just over … Continue reading

Posted in Appellate Procedure, Bell v. Taylor, Chief Judge Diane Wood, Civil Procedure, Federal Law, Inc., Indiana Cases, Indiana Court of Appeals, Indiana Law, Indiana Medical Malpractice Act, Judge L. Mark Bailey, Lockett v. Planned Parenthood of Ind., On Davis v. The Gap, Seventh Circuit | Comments Off

Indiana Supreme Court: ‘Value’ of Work Includes More Than Money Paid

by: Colin E. Flora         This week, the Indiana Supreme Court handed down a decision that I have been looking forward to since the case was argued. In a short but powerful opinion, the court resolved a dispute … Continue reading

Posted in Indiana Court of Appeals, Indiana Law, Indiana Supreme Court, Insurance Law, Judge James S. Kirsch, Judge Patricia A. Riley, Justice Brent E. Dickson, Uncategorized, Workers Compensation, Young v. Hood's Gardens Inc. | Comments Off

Court Certifies Class Action by Employees Seeking Prevailing Wages

            On December 26, 2014, the Dearborn Circuit Court in Lawrenceburg, Indiana issued an order certifying a class action by construction workers and other laborers who have worked for Linkmeyer Development II, LLC. The case will … Continue reading

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