Permanent Link Archived: https://perma.cc/FWE5-FL56 At the time of writing, we sit on the cusp of 2020. For those of us who have spent many decades subject to the Gregorian calendar, we are keenly aware that nearly every four years a leap day is added to the calendar, which is slotted into the 29th day of February. For those of you…
Permanent Link Archived: https://perma.cc/7HB2-8NND As we’ve discussed, There was a time in federal litigation that an offer equivalent to what a successful plaintiff could receive at trial would act to render a lawsuit moot. At that time, the argument would often turn to the question of whether a defendant has actually offered something tantamount to “complete relief.” But that approach…
Permanent Link Archived: https://perma.cc/E4P7-F7MJ We shift our attention to an interesting issue of federal class-action procedure that was well illustrated by two cases decided just a day apart: when does a federal court cease to have jurisdiction over a putative class action? As we’ve previously discussed, the Class Action Fairness Act (“CAFA”) permits federal jurisdiction over class action cases even…
Permanent Link Archived: https://perma.cc/69RG-PDJE Today marks the 200th entry on the Hoosier Litigation Blog. In honor of that achievement, this is the first of three posts today and one of two that revisit prior discussions and stem from recent rulings out of the Indiana Supreme Court. First up, we return to two cases we discussed before: Morrison v. Vasquez and…
Permanent Link Archived: https://perma.cc/69RG-PDJE Today marks the 200th entry on the Hoosier Litigation Blog. In honor of that achievement, this is the first of three posts today and one of two that revisit prior discussions and stem from recent rulings out of the Indiana Supreme Court. First up, we return to two cases we discussed before: Morrison v. Vasquez and…
Permanent Link Archived: https://perma.cc/EK89-YKNN Today’s discussion takes us to a recent ruling from the Indiana Supreme Court that delved into the often sparsely charted waters of wrongful-death estates. Under Indiana law, when a person dies as a result of the wrongful actions of another a claim may be brought by the beneficiaries of that decedent against the person(s) who caused…
Permanent Link Archived: https://perma.cc/GCB8-E3P9 (update not included in archived version) ***UPDATE*** The Indiana Supreme Court granted transfer in the Cavanaugh case, ruling that there was no duty owed. For discussion of that opinion, read our post titled “Indiana Supreme Court Revisits Bar-Owner Liability for Injuries to Patrons, Largely Undisturbed.” ***ORIGINAL POST*** Once more, we return to a topic that has…
Permanent Link Archived: https://perma.cc/PM4E-GWE9 After last week’s flurry of notable civil decisions from Indiana’s appellate courts, this week was fairly quiet. An interesting footnote to Indiana legal history was added as the Court of Appeals of Indiana for the first time handed down a decision in a direct appeal from the Marion County Small Claims Court. That is notable because,…
Permanent Link Archived: https://perma.cc/LWM8-AQX4 Today’s discussion supplants one we had back in June, wherein we discussed the Court of Appeals of Indiana’s ruling in Horejs v. Milford. There, the appellate court held that when the lone beneficiary of a wrongful-death claim dies during the pendency of the wrongful-death suit leaving no heirs that the claim dies with the beneficiary. The…
We already knew he was SUPER, but now it is official….Pavlack Law is proud to announce that Eric Pavlack has been named to the 2019 class of Super Lawyers. Super Lawyers utilizes a patented selection process based on peer review and professional achievement to annually recognize the top 5% of attorneys in each state. Eric has consistently been selected as…