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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SCOTUS Resolves Circuit Split on CAFA Amount in Controversy Burden

by: Colin E. Flora               For those of you who are regular readers of the Hoosier Litigation Blog, you will recognize that it is a rarity that we discuss a case from the Supreme Court of … Continue reading

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Indiana Supreme Court: Family of Disabled Student Who Choked to Death at School Will Have Day in Court

by: Colin E. Flora               Our first addition to the Hoosier Litigation Blog today was a post that was two weeks delayed. This installment is more recent. This past week, the Indiana Supreme Court handed down its decision in Lyons … Continue reading

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Indiana Supreme Court Holds: Trial Court Has Discretion to Not Grant Crime Victims Relief Act Award Even When Predicate Act is Proven

by: Colin E. Flora               First off, let me start by welcoming you back to the Hoosier Litigation Blog. After over a month away from the blog, it is time to return with a case that I have been waiting … Continue reading

Posted in Uncategorized | Comments Off