This week we delve into the doctrine of successor liability by way of the recent Seventh Circuit decision Teed v. Thomas & Betts Power Solutions, L.L.C., in which the court of appeals held that the federal common law standard and not state law standards applies in...
Month: March 2013
Class Action Fairness Act: Amount in Controversy after Knowles
In 2005 the Class Action Fairness Act (CAFA) was enacted, thereby creating an avenue for class actions arising in state courts to be drawn into federal courts. However, CAFA does not authorize federal jurisdiction over each and every class action case. The...
Indiana Supreme Court Holds: Day Laborer(s) Can Bring Wage Payment Case if Expectation of Future Employment Exists
In this installment of the Hoosier Litigation Blog, we return to the topic of Indiana’s Wage Payment and Wage Claim statutes from our previous discussion from November. In our previous discussion we examined the differences between the two statutes in the context of...
Perils of Ambiguity in Rule 68 Offer of Judgment
In this post we shall examine the perils of defendants failing to be specific and clear in a Federal Rule 68 offer of judgment. Our focus on Rule 68 stems from the Seventh Circuit decision Sanchez v. Prudential Pizza, Inc. Though the Sanchez decision may seem like a...
7th Circuit Extends Bivens Civil Rights Actions to Brady Violations
This week we once more find ourselves discussing an opinion from the highly influential Seventh Circuit Court of Appeals. This week our discussion turns on the recent decision in Engel v. Buchan and its application of the Supreme Court cases Brady v. Maryland and the...
The Unintentional Business Partnership & Liability For New Post-Dissolution Obligations
This week we tackle a complex but extremely important area of law – formation of a partnership. On first glance, you may think that the formation of a partnership is a rather formal process much like the incorporation of a business. Through this week’s discussion you...