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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