Today we begin with a case from last week out of the Indiana Court of Appeals: Weinberger v. Estate of Barnes. I had planned to write a post dedicated to this case last week, but the week got away from me. This case is part of a line of cases best known as the...
Year: 2013
Indiana Court Explains Meaningful Difference Between State & Federal Summary Judgment Standard
This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment. We do this through...
Seventh Circuit (Posner) Examines Role of Class Action Representative
For those who are not regular readers of the Hoosier Litigation Blog: (i) become a regular reader; and (ii) welcome to my little secret, there is, perhaps, only one thing I enjoy writing about more than a good Seventh Circuit class action decision and that is a good...
Indiana Court of Appeals Decides Propriety of Rule 12(C) Motion on Class Action Allegations & Explores Contract and Agency Law
On Wednesday, November 27, 2013, the Indiana Court of Appeals handed down its decision in the case Bell v. The Bryant Company, Inc. The case addressed three issues of legal significance: (1) the interpretation of contracts; (2) the duties of an agent to its principal;...
Indiana Court Provides Guidance on Breadth of Medical Malpractice Act
Today, we return to one of our more frequent topics for discussion on the Hoosier Litigation Blog: the Indiana Medical Malpractice Act. Many of our prior discussions have looked at the procedural process of bringing a medical malpractice case in Indiana. Such...
Seventh Circuit Holds Lack of OSHA Regulation Cannot Provide Negative Inference in FLSA Case
After a couple weeks of silence here on the Hoosier Litigation Blog, due largely to a pressing workload that prevented me from issuing my weekly installment, we return to a case that I have been wanting to discuss for two weeks now. On October 30, 2013, the 7th...
Indiana Supreme Court Determines “Sporty Car at a Great Value Price” Does Not Mean “It is Safe to Operate”
Today our discussion looks at a decision from the Indiana Supreme Court that I have been anxiously anticipating ever since the court granted transfer at the end of January. In a prior installment, we discussed the court of appeals' decision in Kesling v. Hubler...
Indiana Court of Appeals Once More Asked to Interpret AIA Standard Construction Contract
After a week off, the Hoosier Litigation Blog returns with a case of contract interpretation. Of course we have discussed contract law numerous times before on the HLB, but today’s case is a bit different from our prior discussions. In the past, we have discussed...
Indiana Court Clarifies Rights of Volunteer to Bring Claim Outside of Worker’s Compensation & Reach of Equine Activity Statute
This week’s case discussion provides a rare triple dip in so much as a single case addresses a host of topics worth discussing. Despite numerous other decisions this week from the Indiana Court of Appeals and the Seventh Circuit that may have merited a spot in our...
Seventh Circuit Examines Boundaries of Class Action Fairness Act
After a couple weeks of near silence, the Seventh Circuit returned in force issuing eight opinions. However, the court seemed to be suffering from a tad bit of a hangover from its lull, resulting in two of the decisions requiring an order correcting errors. That said,...