Indiana Court of Appeals Reverses Rule 41(E) Dismissal for Suspended Lawyer’s Failure to Timely Serve Defendant

Indiana Court of Appeals Reverses Rule 41(E) Dismissal for Suspended Lawyer’s Failure to Timely Serve Defendant

This week, we look to the recent decision in Petrovski v. Neiswinger, which reversed dismissal for failure to prosecute where the delay was caused by a lawyer who was suspended from the practice of law and not the client.

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On First Impression, Indiana Rules Denial of Insurance Coverage Triggers Uninsured Motorist Coverage

On First Impression, Indiana Rules Denial of Insurance Coverage Triggers Uninsured Motorist Coverage

This week's discussion looks to the question of whether a person who causes a car accident and then is subsequently denied coverage for the accident constitutes an “uninsured” so that the injured person may recover against his own insurance policy.

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Indiana Court of Appeals: Woman Injured by Step Down in Aircraft Hangar to Have Her Day in Court

Indiana Court of Appeals: Woman Injured by Step Down in Aircraft Hangar to Have Her Day in Court

This week we discuss Walters v. JS Aviation, Inc., which reversed summary judgment against a woman who was injured when she missed a step down at an aircraft hangar that may not have been properly marked.

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Indiana Supreme Court: No Private Liability for DCS in Releasing Confidential Identifying Information

Indiana Supreme Court: No Private Liability for DCS in Releasing Confidential Identifying Information

We revisit John Doe #1 v. DCS, in which the court of appeals majority had ruled that a person who reported suspected child neglect and whose identifying information was negligently disclosed in violation of an Indiana statute could bring suit against DCS. In this installment, we look at yesterday's decision from the Indiana Supreme Court, wherein the majority held that no claim could be made against DCS.

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Indiana Court of Appeals: Third-Party Beneficiary Claim Does Not Require Written Contract

Indiana Court of Appeals: Third-Party Beneficiary Claim Does Not Require Written Contract

This week, we look to the recent Court of Appeals of Indiana decision in Tucker v. Tom Raper, Inc., which held that third-party beneficiary claims can be brought on oral contracts. Tucker is the first case in Indiana to so hold.

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Seventh Circuit: Plaintiff Does Not Release Nonparties He Knows Nothing About When Settling With Defendants

Seventh Circuit: Plaintiff Does Not Release Nonparties He Knows Nothing About When Settling With Defendants

This week we look at a decision by Judge Posner for the Seventh Circuit which briefly examines whether a party can be held to release claims against entities that were not mentioned in settlement discussions. Our discussion also clarifies an often-cited proverb that has long left the blacksmith harshly done.

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Seventh Circuit: Rule 67 is Not Viable Path to Pick Off Class Action Plaintiff

Seventh Circuit: Rule 67 is Not Viable Path to Pick Off Class Action Plaintiff

This discussion looks to the Seventh Circuit's decision in Fulton Dental, LLC v. Bisco, Inc., which rejected a defendant's attempt to use Rule 67 to deposit funds with the court's registry as a way to force a putative class representative to involuntarily settle its claim. Fulton Dental builds on the Supreme Court's decision, last year, in Campbell-Ewald Co. v. Gomez, which held that an unaccepted Rule 68 offer of judgment could not moot a plaintiff's claims.

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Indiana Supreme Court: Evidence of Prior Alcohol Convictions Are Admissible to Support Punitive Damages Claim

Indiana Supreme Court: Evidence of Prior Alcohol Convictions Are Admissible to Support Punitive Damages Claim

This week we look at the final decision from long-serving Indiana Supreme Court Justice Robert Rucker, which held that evidence of prior alcohol convictions are admissible in a drunk driving case to support a claim of punitive damages. We also look briefly at two other decisions this week from the Court of Appeals of Indiana. One of those decisions held that an expert in a medical malpractice case who testifies on the applicable standard of care may be cross-examined on his personal practices. The other examined the scope of the duty to warn and affirmed a jury verdict for a passenger injured when the vehicle she was in struck a semi on the side of the road, despite the driver of the car dying and being unable to testify whether he would have taken different actions had the truck driver turned on his emergency flashers.

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Indiana Supreme Court Answers Questions of Admissibility of Immigration Status in Tort Cases

Indiana Supreme Court Answers Questions of Admissibility of Immigration Status in Tort Cases

This week we look to a recent Indiana Supreme Court decision, which held that unauthorized-immigration status does not prohibit recovery of damages for diminished earning capacity in tort cases. The court also created a test that requires a finding that the probability that the plaintiff will be deported to be more likely than not in order for evidence of immigration status to be admitted.

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Sorting Out New Indiana Small Claims Rule 12.1

Sorting Out New Indiana Small Claims Rule 12.1

In this installment we address the new Indiana Small Claims Rule 12.1 governing change of judge and explain considerations for an ambiguity in the rule in addressing the scenario of service upon multiple defendants on different days.

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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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