Indiana Court of Appeals: Medical-Malpractice Plaintiff Not Required to Settle with Healthcare Provider for Cap

Indiana Court of Appeals: Medical-Malpractice Plaintiff Not Required to Settle with Healthcare Provider for Cap

This week’s discussion looks to the Indiana Court of Appeals’ decision in Wallen v. Hossler holding that a medical-malpractice plaintiff was free to reject a settlement offer from a healthcare provider that would pay the entire amount up to the cap. In the process, the court preserved the plaintiff’s right to choose trial by jury.

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Perils of Ambiguity in Rule 68 Offer of Judgment

Perils of Ambiguity in Rule 68 Offer of Judgment

In this second post for the day, we examine the perils for defense attorneys in allowing an offer of judgment pursuant to Rule 68 to be ambiguous. Through the case Sanchez v. Prudential Pizza, we examine how the ambiguity allowed plaintiff to recover her attorney's fees and costs.

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