Seventh Circuit Affirms Piercing Corporate Veil to Attach $7.5m Judgment

Seventh Circuit Affirms Piercing Corporate Veil to Attach $7.5m Judgment

Today’s discussion looks at numerous recent cases ranging from the use of unsigned depositions at summary judgment, the possible need to provide details in support of damages calculations for actions sounding in breach of contract, whether Goodwin and Rogers apply to duty analyses beyond premises liability, the grounds for awarding class-action attorney fees, the scope of specific personal jurisdiction under Indiana law, and then take a deeper dive into the Seventh Circuit’s opinion affirming a bankruptcy court’s decision to pierce a corporate veil in order to attach a $7.5m judgment held by a former shareholder against the lone remaining shareholder.

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Indiana Court of Appeals: Developments in Litigation Can Allow Remand for Failure to Meet Amount in Controversy and Recovery in Excess of $75,000

Indiana Court of Appeals: Developments in Litigation Can Allow Remand for Failure to Meet Amount in Controversy and Recovery in Excess of $75,000

Today, we look at a case whose procedural posture may be almost impossible to replicate that resulted in a successful remand motion from federal court in which the plaintiff asserted that the amount in controversy did not exceed $75,000 and an appellate court affirming a subsequent state-court jury verdict for $187,500.

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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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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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Does Indiana’s Cap on Punitive Damages Apply to Statutory Treble-Damage Awards? Court Says ‘No’

Does Indiana’s Cap on Punitive Damages Apply to Statutory Treble-Damage Awards? Court Says ‘No’

This week's discussion examines the interplay between Indiana's Punitive Damages Statute that caps and otherwise limits the ability recover common-law punitive damage awards and exemplary damage awards available under certain statutes allowing for, at times, treble damages for successful litigants. The discussion is conducted through the lens of the recent Indiana Supreme Court decision in Andrews v. Mor/Ryde International, Inc.

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

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

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 Indiana 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 Court of Appeals Upholds $14.5 Million Defamation Verdict

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history.

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Damages Pt. 13: Sentimental Value in Personal Property

Damages Pt. 13: Sentimental Value in Personal Property

This week we reopen our Damages series with a thirteenth installment to discuss the availability of sentimental value damages for the loss of items of personal property. We examine both the general rule that such damages are not available and the Indiana decision that have found such recovery permissible in certain circumstances.

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Damages Pt. 1: Introduction to Damages and Loss of Consortium

Damages Pt. 1: Introduction to Damages and Loss of Consortium

The Indiana Supreme Court has handed down an opinion that drastically changes the landscape of underinsured motor vehicle insurance. The opinion reveals that many more people have had a right to recover under their policies than the insurance companies have been paying out.

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