Indiana Court Examines Discretionary Function Immunity After Middle School Shooting Case

Indiana Court Examines Discretionary Function Immunity After Middle School Shooting Case

This week's discussion looks to a case following from a shooting at a school in Martinsville, Indiana and explores the ability of a public school to utilize discretionary function immunity under Indiana Tort Claim's Act as well as the duty of a school to protect its students' safety.

Read More

Does § 1981 Provide a Private Right of Action Against State Actors? On First Impression, 7th Cir. Says No

Does § 1981 Provide a Private Right of Action Against State Actors? On First Impression, 7th Cir. Says No

This week's discussion looks to a case of first impression in the Seventh Circuit: Campbell v. Forest Pres. Dist. of Cook Cnty., Ill. The issue was whether the Civil Rights Act of 1991 amended 42 U.S.C. § 1981 to permit a private right of action against state actors, thereby permitting a four-year statute of limitations, or whether, as set forth in Jett v. Dallas Indep. Sch. Dist., § 1981 claims against state actors must arise under § 1983, thereby limited to the forum state's limitation for personal injury claims.

Read More

7th Circuit: Personal Jurisdiction & the Role of State Long-Arm Statutes

7th Circuit: Personal Jurisdiction & the Role of State Long-Arm Statutes

This week the HLB returns with a bang, or a foomp as the case may be. We delve into the issue of personal jurisdiction and the role of a state long-arm statute in the wake of the Supreme Court's decision in Walden v. Fiore back in February through the case Advanced Tactical Ordinance Sys., LLC v. Real Action Paintball, Inc. handed down by the Seventh Circuit today. The foomp, if you hadn't guessed is an onomatopoeia for the noise of a paintball marker. This and more peculiar witticism from your author inside.

Read More