While still a student, I wrote what would become my first published law journal article, which was on the topic of negligent infliction of emotional distress (“NIED”). Since then, I have remained fascinated by that particular tort. Part of my fascination derives from the somewhat arbitrary bases used for determining who may and who may not recover under the tort’s…
You Have A Right To Recovery
Month: December 2020
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Indiana Court of Appeals Clears Up Misconception, Rules Plaintiff Can Sue Employer Without Suing Employee
Many more moons have passed than I care to count since we first discussed the doctrine of respondeat superior. (To borrow, a line, “I don’t remember growing older”). Translated from Latin to English, the doctrine means to let the master answer. It obligates a principal to be liable for the acts of its agent done within the course and scope…
Challenging Adequacy of Amount in Controversy After Removal Under CAFA
Once again, our discussion takes us outside of Indiana as we look to a recent opinion from the Ninth Circuit that sheds some important light into how to challenge removal of class actions to federal court under the Class Action Fairness Act (“CAFA”). Before we dive into Harris v. KM Industries, Inc., we first need to take a look at…