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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