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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When Does CAFA Jurisdiction Cease After Class Certification is Denied?

When Does CAFA Jurisdiction Cease After Class Certification is Denied?

Focusing on two recent decisions from the Second and Third Circuits, this post looks to what happens to federal court jurisdiction under CAFA once class certification is no longer an option.

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Indiana Supreme Court Rules that Registered Agent is Not Basis for Preferred Venue

Indiana Supreme Court Rules that Registered Agent is Not Basis for Preferred Venue

In this 200th entry on the Hoosier Litigation Blog, we take a look at a handful of recent Indiana appellate decisions of note before turning our attention to the Indiana Supreme Court’s resolution of the lingering question whether a registered agent may still serve as a basis for preferred venue under Trial Rule 75(A)(4).

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Indiana Supreme Court Makes Substantial Addition to Wrongful-Death Procedures

Indiana Supreme Court Makes Substantial Addition to Wrongful-Death Procedures

This week’s discussion recaps a handful of notable recent Indiana appellate decisions and delves into the new requirements for wrongful-death estates in Indiana dictated by the Indiana Supreme Court’s ruling in Lewis v. Toliver.

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Indiana Court of Appeals: Fistfights in Parking Lot are Type of Foreseeable “Rowdy Behavior” Sufficient to Make Bar Liable for Injuries to Patrons

Indiana Court of Appeals: Fistfights in Parking Lot are Type of Foreseeable “Rowdy Behavior” Sufficient to Make Bar Liable for Injuries to Patrons

This week, we revisit the question of when a business owes a duty to protect patrons from injuries due to criminal acts of third-parties after the Indiana Court of Appeals held that a bar owes a duty to patrons injured by a fistfight in the parking lot after closing.

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What Happens When Part of an Indiana Statute is Unconstitutional?

What Happens When Part of an Indiana Statute is Unconstitutional?

This week we look at the Indiana Supreme Court’s decision in City of Hammond v. Herman & Kittle Properties, Inc. that recognized that unconstitutional provisions in Indiana statutes are presumed severable unless that presumption is rebutted in accordance with Ind. Code § 1–1–1–8.

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Indiana Supreme Court Holds that Wrongful Death Claim Does Not End With Death of Heirless Sole Beneficiary

Indiana Supreme Court Holds that Wrongful Death Claim Does Not End With Death of Heirless Sole Beneficiary

After a brief recap of seven notable decisions from the Indiana Court of Appeals, we examine the Indiana Supreme Court’s decision in Horejs v. Milford, which held that the claims for loss of consortium by the lone beneficiary of a wrongful-death estate survive the beneficiary’s death and may be pursued by his estate as a survivor action regardless of whether he has a will or natural heirs at law.

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Indiana: Bar Owed Duty to Patron Whose Jaw Was Broken by a Drunken Patron Who Had Been Bounced from the Bar

Indiana: Bar Owed Duty to Patron Whose Jaw Was Broken by a Drunken Patron Who Had Been Bounced from the Bar

This week we look at the Indiana Court of Appeals’ decision in Buddy & Pals III, Inc. v. Falaschetti, which found that a bar owed a duty to a patron whose jaw was broken by another patron after the other patron had been bounced from the bar for fighting and tried to reenter.

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