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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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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Indiana Court of Appeals: Agreement to Insure is an Agreement to Provide Both Parties with the Benefits of Insurance

Indiana Court of Appeals: Agreement to Insure is an Agreement to Provide Both Parties with the Benefits of Insurance

In the last installment of the Hoosier Litigation Blog for 2018, we examine the Indiana Court of Appeals’ decision in Youell v. Cincinnati Insurance Co., which held that a lease requiring the landlord to maintain fire insurance foreclosed a claim against the tenant for losses suffered by a fire because the lease shifted the allocation of risk from the parties to the insurer.

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Indiana Court of Appeals Allows Claim Against School for Off-Campus Death of Student to Proceed to Trial

Indiana Court of Appeals Allows Claim Against School for Off-Campus Death of Student to Proceed to Trial

This week we examine the decision Murray v. Indianapolis Public Schools, which allowed claims against a school for the off-campus death of a student. We also briefly discuss two other interesting decisions from the Indiana Court of Appeals, which were handed down this week.

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Indiana Court of Appeals Now Split on Whether Location of Registered Agent Sufficient for Preferred Venue

Indiana Court of Appeals Now Split on Whether Location of Registered Agent Sufficient for Preferred Venue

This week’s discussion returns to the issue of whether the location of a registered agent can provide the basis for preferred venue in Indiana after the Court of Appeals issued a decision directly in conflict with Morrison v. Vasquez, which had held in August that a newly adopted statute removed registered agents from consideration for preferred venue.

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Seventh Circuit Provides Guidance on Certifying Class Definition and Claims Differing from Those Proposed in Complaint

Seventh Circuit Provides Guidance on Certifying Class Definition and Claims Differing from Those Proposed in Complaint

This week we discuss the Seventh Circuit’s opinion in Beaton v. SpeedyPC Software, which weighed in on the propriety of certifying a class narrower than the definition proposed in the complaint and upon claims not specifically identified in the complaint. We also briefly look at eight other appellate decisions from the past two weeks that include: (i) holding that the misuse defense under Indiana’s Products Liability Act can be a complete defense; (ii) a party’s complete about-face can be a basis for surprise to obtain relief from a judgment under Trial Rule 60(B)(1); (iii) multi-year assertion that a defendant is subject to the Indiana Medical Malpractice Act and numerous delays to await a medical review panel determination can be sufficient to estop a plaintiff from arguing that the defendant is not subject to the Medical Malpractice Act; (iv) contracts attached to complaints are admissible as evidence at trial even if not specifically identified in final exhibits list; (v) a claim for unjust enrichment can be made even if the benefits are provided by a third-party; (vi) courts may commit reversible error when elevating formality over substantial justice with overly rigid application of procedure at trial; (vii) illustrating considerations in applying the doctrines of apparent authority and apparent agency; and (viii) citations to the record along with other citations count toward the word limit in federal appellate filings despite no rule specifically stating that citations are included in the word count.

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Indiana Supreme Court: ‘Even Slight Evidence of Excusable Neglect’ Sufficient to Uphold Trial Court’s Setting Aside of Default Judgment

Indiana Supreme Court: ‘Even Slight Evidence of Excusable Neglect’ Sufficient to Uphold Trial Court’s Setting Aside of Default Judgment

This week, we look at the Indiana Supreme Court’s extremely brief decision in Wamsley v. Tree City Village, which affirmed a trial court’s order setting aside default judgment because there was “even slight evidence of excusable neglect.”

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Indiana Court of Appeals Reminds That Judgments Cannot be Entered Without Personal Jurisdiction

Indiana Court of Appeals Reminds That Judgments Cannot be Entered Without Personal Jurisdiction

This discussion focuses on the need to perfect service in Indiana in order to obtain personal jurisdiction and how the failure to do so may render even an out-of-state judgment void.

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Indiana Supreme Court: Sexual Assault by Police Officer May be Within Scope of Employment Thereby Exposing Department to Liability

Indiana Supreme Court: Sexual Assault by Police Officer May be Within Scope of Employment Thereby Exposing Department to Liability

In this post, we revisit our discussion from December 1, 2017 of Cox v. Evansville Police Department after the Indiana Supreme Court granted transfer and held that the common-carrier exception does not apply to sexual assaults by on-duty police officers but that such attacks may be sufficiently within the scope of employment that the general doctrine of respondeat superior provides liability for police departments.

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Indiana Court of Appeals Rules Location of Registered Agent No Longer Basis for Preferred Venue

Indiana Court of Appeals Rules Location of Registered Agent No Longer Basis for Preferred Venue

In this post, we discuss the Indiana Court of Appeals ruling in Morrison v. Vasquez holding that the place of a “registered agent” is no longer a basis for preferred venue under Trial Rule 75(A)(4) and why it may not be correct.

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Indiana Court of Appeals: $1.3M Verdict Not Excessive for Rear-End Collision & Not Reversible Error to Exclude Evidence of Prior Discipline of Medical Expert

Indiana Court of Appeals: $1.3M Verdict Not Excessive for Rear-End Collision & Not Reversible Error to Exclude Evidence of Prior Discipline of Medical Expert

This week we look at Tunstall v. Manning, in which the Indiana Court of Appeals affirmed a $1.3M verdict for a woman who suffered spinal injuries in a rear-end collision and further ruled that it was not reversible error, if error at all, to exclude evidence of the plaintiff’s medical expert’s prior professional discipline because he was no longer subject to discipline at the time of trial.

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Seventh Circuit Answers When a Change in Legal Theory Stated in a Complaint Will Prove Disastrous and When an Indiana Supply Contract is Enforceable

Seventh Circuit Answers When a Change in Legal Theory Stated in a Complaint Will Prove Disastrous and When an Indiana Supply Contract is Enforceable

This week, we discuss the Seventh Circuit’s ruling in the second appeal of Brc Rubber & Plastics, Inc. v. Cont’l Carbon Co., which held that a supply contract for the purchase of an approximate amount for a fixed price was an enforceable contract and further analyzed how a change in legal theory from that advanced in the complaint may impact the litigation.

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Seventh Circuit Affirms Piercing Corporate Veil to Attach $7.5m Judgment

Seventh Circuit Affirms Piercing Corporate Veil to Attach $7.5m Judgment

Today’s discussion looks at numerous recent cases ranging from the use of unsigned depositions at summary judgment, the possible need to provide details in support of damages calculations for actions sounding in breach of contract, whether Goodwin and Rogers apply to duty analyses beyond premises liability, the grounds for awarding class-action attorney fees, the scope of specific personal jurisdiction under Indiana law, and then take a deeper dive into the Seventh Circuit’s opinion affirming a bankruptcy court’s decision to pierce a corporate veil in order to attach a $7.5m judgment held by a former shareholder against the lone remaining shareholder.

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