On October 29, Pavlack Law, LLC attorney Colin E. Flora had the privilege of speaking with the 6th graders of Allison Elementary about elections/voting. His presentation was part of Indiana Kids’ Election (IKE). IKE is a program dedicated to helping Indiana students...
Year: 2012
How a Prior Case Can Impact Your Current Case: Issue and Claim Preclusion
While going through my weekly review of Indiana Supreme Court and Court of Appeals decisions, I encountered a new Supreme Court opinion that was decided under the legal concept of issue preclusion. My first inclination was to write a discussion of the case, National...
Court of Appeals Revisits Disclaimers and Integration Clauses in Contracts
This past week, the Indiana Court of Appeals had an opportunity to address the role of disclaimers and integration clauses in contracts. The case, Wind Wire, LLC v. Finney, revolves around a very straightforward set of facts. The Finneys received a flyer from Wind...
The Error in the Politicization of Judicial Retention Votes—Ind. Justice David
This morning, I read an article from the Greenfield Daily Reporter entitled “Critics call for 'no' vote vs. Ind. high court justice; say ruling denied 4th Amendment right.” In short, the article discussed the rising movement to persuade voters to vote against the...
Fraternity & University Liability for Hazing and Other Acts
**UPDATE** The plaintiff, Mr. Yost, sought transfer of this case to the Indiana Supreme Court. On March 7, 2013, the Court granted transfer, thus vacating the decision of the Court of Appeals. For a discussion of the Supreme Court’s decision in overruling part of...
The Voluntary Payment Doctrine— The Most Profoundly Evil Legal Doctrine
This week’s post is dedicated to what I, and many others, consider to be a profoundly evil legal doctrine. It is known as the Voluntary Payment Doctrine. I have recently spent a great deal of time researching the doctrine for a journal article that I am drafting to...
Court Finds Hospital Can be Liable Where Doctors Were Apparent Agents and Claims Against the Doctors Could No Longer be Brought
Yesterday, the Indiana Court of Appeals issued an important decision that impacts both medical malpractice law as well as agency law. The basic issue in the case was whether claims for medical malpractice could proceed against a hospital where the plaintiff did not...
New Decision Provides No Clear Answer to Complex Medical Malpractice Issue
**UPDATE** The Indiana Supreme Court granted transfer, thereby vacating the Court of Appeals' opinion. On review, the Indiana Supreme Court concluded that the failure to fully pay the filing fee to the Indiana Department of Insurance at the time of submitting a...
Indiana Court Expands Interpretation of Consumer Protection Law
Indiana, like many of her sister states, has a law on the books to protect consumers. This consumer protection statute is called the Indiana Deceptive Consumer Sales Act or occasionally referred to as the Indiana Deceptive Consumer Sales Practices Act. I add the...
Can I Make a Federal Case Out of It?
By now you have certainly heard someone use the phrase “don’t make a federal case out of it.” While the phrase clearly has little application to how the law works, it does raise the concept that somehow a federal case means more than just a normal case. With this...