Evidence of Medical Costs: How the Indiana Supreme Court’s Error in Stanley v. Walker Led to Patchett v. Lee

Evidence of Medical Costs: How the Indiana Supreme Court’s Error in Stanley v. Walker Led to Patchett v. Lee

This week, we look at the recent Indiana Supreme Court decision Patchett v. Lee and how it, along with Stanley v. Walker, has monumentally shaped the landscape of Indiana personal injury law.

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

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

In a major decision, the Seventh Circuit rejected the heightened ascertainability requirement for class certification that has been recently adopted in the Third Circuit. As a result, the Seventh Circuit not only rejected adoption of the Third Circuit's interpretation, but also dissected and found lacking each of the proffered underlying policies. Thus, the Seventh Circuit still recognizes the utility of affidavits in identifying class members. Perhaps the best line: "When it comes to protecting the interests of absent class members, courts should not let the perfect become the enemy of the good."

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

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

This week's discussion focuses on a recent Indiana appellate decision affirming a motion in liming to exclude evidence that the plaintiff in personal injury case was not wearing a seatbelt at the time of the collision. We use this platform to discuss more expansively the admission of evidence of whether an injured person was wearing a seatbelt in the context of a personal injury trial.

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