Indiana: What to Do When Discovering After the Statute of Limitations Expires That the Wrong Party Was Named?

Indiana: What to Do When Discovering After the Statute of Limitations Expires That the Wrong Party Was Named?

This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence was insufficient.

Read More

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.

Read More

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.

Read More

Indiana Court Explains Meaningful Difference Between State & Federal Summary Judgment Standard

Indiana Court Explains Meaningful Difference Between State & Federal Summary Judgment Standard

This week's discussion looks at the often overlooked difference between Indiana and the federal summary judgment standard. We also look, briefly, at Indiana's retention of its 12(B)(6) standard after Bell Atlantic Corp. v. Twombly.

Read More

7th Circuit Holds Lack of OSHA Regulation Cannot Provide Negative Inference in FLSA Case

7th Circuit Holds Lack of OSHA Regulation Cannot Provide Negative Inference in FLSA Case

This week's discussion looks back at a Seventh Circuit Court of Appeals decision from the end of October that rejected the proposition that the absence of an OSHA regulation requiring showering and changing of clothing by foundry workers meant that it was not required by the nature of the work. The case also advances a position of the Seventh Circuit against courts trying to handle complexity through simplified means.

Read More