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.

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Seventh Circuit (Posner) Examines Role of Class Action Representative

Seventh Circuit (Posner) Examines Role of Class Action Representative

In this installment we look at the role of a class action representative through the 7th Circuit case Phillips v. Asset Acceptance, LLC authored by Judge Richard Posner in which the court of appeals reversed the denial of class certification stemming from the impermissible attempt to collect debts after the expiration of the applicable statute of limitation.

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Pavlack Law Scores Appellate Victory in Putative Class Action Case: Bell v. The Bryant Company

Pavlack Law Scores Appellate Victory in Putative Class Action Case: Bell v. The Bryant Company

This week's discussion focuses on the recent Indiana Court of Appeals case that found: (1) a Rule 12(C) motion in appropriate to determine class action allegations, (2) collection of late-fees are part of the "usual leasing services" of a property manager, and (3) that a property manager expressly acting as the agent of a property owner does not collect rent and fees for its own behalf.

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Indiana Court Provides Guidance on Breadth of Medical Malpractice Act

Indiana Court Provides Guidance on Breadth of Medical Malpractice Act

This week's discussion focuses on the question of what cases are governed by the Medical Malpractice Act. The answer is not always as easy as you might think and the Indiana Court of Appeals case B.R. v. State of Indiana provides a great example along with a discussion of how the line is drawn.

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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.

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Indiana Supreme Court Determines “Sporty Car at a Great Value Price” Does Not Mean “It is Safe to Operate”

Indiana Supreme Court Determines “Sporty Car at a Great Value Price” Does Not Mean “It is Safe to Operate”

This week's discussion focuses on the puffery defense and the Indiana Supreme Court's partial reversal in the case of Kesling v. Hubler Nissan, Inc. thereby finding that "Sporty Car at a Great Value Price" was mere puffery and cannot be read to mean that the car was "safe to operate."

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Indiana Court of Appeals Once More Asked to Interpret AIA Standard Construction Contract

Indiana Court of Appeals Once More Asked to Interpret AIA Standard Construction Contract

This week's discussion focuses on the interpretation of the American Institute of Architects (AIA) standard construction contract by the Indiana Court of Appeals in the recent case Allen County Public Library v. Shambaugh & Sons, L.P. The court held that the waiver of subrogation and requirement of insurance provisions do not apply to damages to the surrounding area around the construction site.

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Indiana Court Clarifies Rights of Volunteer to Bring Claim Outside of Worker’s Compensation & Reach of Equine Activity Statute

Indiana Court Clarifies Rights of Volunteer to Bring Claim Outside of Worker’s Compensation & Reach of Equine Activity Statute

This week we examine the issues of whether a volunteer who accepts medical benefits under a worker's compensation policy is bound to the Indiana Worker's Compensation Act for exclusive recovery. We also examine the Indiana Equine Activity Statute and the ability to bring a negligence claim for injuries caused by a horse. The discussions are conducted through the context of this week's Indiana Court of Appeals decision in Einhorn v. Johnson.

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7th Circuit Examines Boundaries of Class Action Fairness Act

7th Circuit Examines Boundaries of Class Action Fairness Act

This week's post takes a look at the Seventh Circuit's recent decision in Addison Automatics, Inc. v. Hartford Casualty. Ins. Co. that sheds some light on the boundaries of the Class Action Fairness Act (CAFA), but does so by utilizing a mechanism that left your author questioning the wisdom of the specific procedural result.

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Indiana Court of Appeals Examines Strict Liability in Byproduct of Steelmaking Process

Indiana Court of Appeals Examines Strict Liability in Byproduct of Steelmaking Process

This week's discussion focuses on the concept of strict liability for unreasonably dangerous activities as seen through the Indiana Court of Appeals case Fechtman v.s U.S. Steel Corp. that held the dumping of carbon monoxide as a byproduct of steelmaking is not an unreasonably dangerous activity for the purposes of strict liability.

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Indiana Court Addresses the Enforceability of Arbitration

Indiana Court Addresses the Enforceability of Arbitration

This week's discussion focuses on the recent Indiana Court of Appeals decision Anyonymous, M.D. v. Hendricks that found an arbitration provision enforceable despite the unavailability of the designated forum for arbitration. The discussion also examines the concept of unconscionability to defeat application of an arbitration provision under Indiana law.

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7th Circuit: Posner Explains Notice Requirements & Utility of Cy Pres Decrees in Small Class Actions

7th Circuit: Posner Explains Notice Requirements & Utility of Cy Pres Decrees in Small Class Actions

This week we examine the recent Judge Posner authored decision in Hughes v. Kore of Indiana Enterprise, Inc. that discusses class action notice requirements and the utility of cy pres decrees. We also examine the bombshell that the Judge drops at the end of the case that could have a substantial impact on the class action landscape going forward.

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Indiana Supreme Court Permits Application of Equitable Estoppel Doctrine to Tort Claims Act Case

Indiana Supreme Court Permits Application of Equitable Estoppel Doctrine to Tort Claims Act Case

This first of two posts today addresses the Indiana Supreme Court decision to reinstate the case in Schoettmer v. Wright despite the plaintiffs having failed to file proper timely notice under the Indiana Tort Claims Act (ITCA) because there was sufficient evidence to allow a jury to find that the doctrine of equitable estoppel applied to prevent the defendants from avoiding liability under the ITCA.

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7th Circuit Again Certifies Butler v. Sears, Roebuck, & Co. Classes

7th Circuit Again Certifies Butler v. Sears, Roebuck, & Co. Classes

This week we discuss the Seventh Circuit's decision to once more certify the class action cases in Butler v. Sears, Roebuck, & Co. after the case was remanded by the Supreme Court in light of Comcast Corp. v. Behrend.

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7th Circuit Certifies ERISA Breach of Fiduciary Duty Class in Defined-Contribution Plan

7th Circuit Certifies ERISA Breach of Fiduciary Duty Class in Defined-Contribution Plan

This week we take a look at the recent Seventh Circuit decision in Abbott v. Lockheed Martin Corp., in which the court order the certification of a class action based upon breach of fidcuiary duty under ERISA for a defined-contribution plan. The decision finally answered the question left open by Spano v. Boeing Co.: when can a defined-contribution plan ERISA class action be brought.

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Indiana Supreme Court Weighs In on Medical Malpractice Filing Deadline

Indiana Supreme Court Weighs In on Medical Malpractice Filing Deadline

This week we talk about the Indiana Supreme Court decision Miller v. Dobbs that held for purposes of the statute of limitations, that a medical malpractice action is filed with the Department of Insurance when the complaint is filed regardless of when the filing and service fees are paid. This post also goes into great depth to analyze what this decision shows us about the current composition of the Indiana Supreme Court and takes a look at the possible impact of this case upon Moryl v. Ransome with rehearing still pending before the Indiana Court of Appeals.

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6th Circuit Reaffirms Class Certification in Whirlpool II

6th Circuit Reaffirms Class Certification in Whirlpool II

This installment of the Hoosier Litigation Blog revisits the Supreme Court decision in Comcast Corp. v. Behrend in light of the 6th Circuit's recertification of the class in Whirlpool II.

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